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Acceptable Use Policy

Magna5 Acceptable Use Policy

Overview

This Acceptable Use Policy (AUP) outlines the prohibited actions for users of the Magna5 Network and third-party provider networks. Magna5 reserves the right to update this policy at any time. Updates can be requested via [email protected].

Purpose

Magna5 MS, LLC. offers various communication services, providing access to a wide range of public, private, commercial, and non-commercial information. This policy supplements each customer’s Service Agreement to clarify their rights and responsibilities.

General Guidelines

The Internet is an open platform, and Magna5 cannot monitor or verify all information accessed through its network. Users are responsible for exercising good judgment when relying on online information and avoiding offensive or illegal content.

Responsibilities

  • Accuracy of Information: Magna5 does not guarantee the accuracy or quality of information accessed through its network. All content is provided “AS IS,” with “ALL FAULTS” and “AS AVAILABLE.”
  • Personal Responsibility: Users are responsible for any damage to their systems or loss of data resulting from material accessed via Magna5’s network.
  • Content Dissemination: Magna5 does not review or censor user-generated content. Users are liable for copyright infringement, defamation, and other harmful speech.

Prohibited Activities

Users must not:

  • Violate any laws, regulations, or treaties.
  • Violate the acceptable use policies of accessed networks.
  • Infringe on intellectual property rights.
  • Violate others’ privacy.
  • Engage in deceptive online marketing.
  • Interfere with or deny service to any user or host (e.g., denial of service attacks).
  • Falsify header or user information.
  • Introduce malicious programs (e.g., viruses, worms).
  • Monitor or scan others’ networks without permission.
  • Breach security or disrupt communications.
  • Send unsolicited commercial or bulk emails (spam).
  • Host websites that facilitate spamming.
  • Distribute programs or services that enable spamming.
  • Maintain open relay mail servers.
  • Collect email addresses for unsolicited emails.
  • Transmit or receive copyrighted, obscene, offensive, or harassing material.

Export Control Violations

Users must comply with laws restricting the export of encryption software outside the United States.

Enforcement

Magna5 may take actions to stop harmful activities, including filtering, denying access, or terminating service. Violations may result in civil or criminal liability, and Magna5 will cooperate with authorities in investigations.

Usenet Newsgroups

Users must not:

  • Post illegal content, including pyramid schemes, infringing materials, or child pornography.
  • Violate newsgroup conventions and guidelines.
  • Engage in excessive cross-posting or post false header information.
  • Issue cancellations for others’ postings unless authorized.

Privacy

Magna5 prioritizes the privacy of online communications but cannot guarantee security. Magna5 will comply with legal requirements to disclose information when necessary.

Software and Licensing

1. Software Licensing

Magna5 may use third-party software licenses in provisioning services, including monitoring, cybersecurity, and backup software (“Software”). These licenses are and will remain the exclusive property of Magna5. Clients will obtain no rights to these licenses or the source code of the Software.

Magna5 grants clients a non-exclusive, worldwide, royalty-free, non-assignable, and non-sublicensable license to use the Software solely in connection with the services for which such Software is utilized (“License”). This License will terminate immediately upon termination of the associated services. Magna5 may terminate the License and any related services if it determines that the client has breached the terms of the License.

Upon termination of the License, clients must immediately cease using the Software and related documentation. Clients must certify to Magna5 within ten (10) days after termination that they have either destroyed or returned to Magna5 the Software, documentation, and all related information and copies.

2. Client Licensing Responsibility

If clients deploy third-party software products (“Client Provided Licensing”) within any service, and these products are not defined as Software by Magna5, clients represent and warrant that they own sufficient licenses to allow for deployment and usage of such Client Provided Licensing within the service for as long as it remains deployed.

Magna5 may provide licensors of any Software with information such as the identities and configurations of any virtual or physical computers on which the Software may be installed, the identity of any such Software, and copies of relevant documentation. Clients’ use of any Software or Client Provided Licensing beyond the rights conveyed by Magna5 or the original agreement may result in additional fees or penalties. Clients must reimburse Magna5 for any such fees or penalties incurred due to excess or improper usage. Failure to reimburse or cooperate in resolving non-compliant use may lead Magna5 to suspend access to the related services.

Digital Millennium Copyright Act (DMCA) Policy

Magna5 responds promptly to claims of intellectual property infringement. Notices should be directed to [email protected].

Contact

For questions, comments, or to report violations, please contact Magna5 at [email protected].