Acceptable Use Policy

• any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or
• any other content, materials, or data you provide to 1337 Mushroom LLC or use with the Services.

• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Policy;
• all your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);
• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and
• you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Policy.

• is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
• is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
• is false, inaccurate, or misleading;
• includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;
• contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
• promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
• is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
• is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
• bullies, intimidates, humiliates, or insults any person;
• promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
• infringes, or assists anyone in infringing, a third party's intellectual property rights or publicity or privacy rights;
• is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;
• contains unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been "paid for," whether with monetary compensation or in kind; or
• misrepresents your identity or who the Contribution is from.

• breach this Policy, please email us at support@1337mushroom.com, or refer to the contact details at the bottom of this document to let us know which Content or Contribution is in breach of this Policy and why; or
• infringe any third-party intellectual property rights, please email us at support@1337mushroom.com.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that 1337 Mushroom LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because 1337 Mushroom LLC cannot monitor or censor the Internet, and will not attempt to do so, 1337 Mushroom LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that 1337 Mushroom LLC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over 1337 Mushroom LLC' network and may reach a large number of people, including both subscribers and non-subscribers of 1337 Mushroom LLC, subscribers' postings to the Internet may affect other subscribers and may affect 1337 Mushroom LLC' goodwill, business, reputation or operations. For these reasons, subscribers violate 1337 Mushroom LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward 1337 Mushroom LLC, but also because it can overload 1337 Mushroom LLC' network and disrupt service to 1337 Mushroom LLC' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, 1337 Mushroom LLC will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore 1337 Mushroom LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should 1337 Mushroom LLC choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, 1337 Mushroom LLC does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
1337 Mushroom LLC does allow adult content however any law related incidents on content will suspend/terminate any offending account.

Large File Policy:
1337 Mushroom LLC is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@1337mushroom.com. One way to dismiss this policy is by purchasing a dedicated server.

Obscene Speech or Materials:
Using 1337 Mushroom LLC' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. 1337 Mushroom LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using 1337 Mushroom LLC' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
1337 Mushroom LLC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that 1337 Mushroom LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. 1337 Mushroom LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with 1337 Mushroom LLC' policy or applicable law. However, when 1337 Mushroom LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by 1337 Mushroom LLC.

1337 Mushroom LLC is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching 1337 Mushroom LLC' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. 1337 Mushroom LLC does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. 1337 Mushroom LLC reserves the right to directly take action against a customer of its subscribers. Also, 1337 Mushroom LLC may take action against the 1337 Mushroom LLC' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, 1337 Mushroom LLC anticipates that subscribers who offer Internet services will cooperate with 1337 Mushroom LLC in any corrective or preventive action that 1337 Mushroom LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of 1337 Mushroom LLC policy.

1337 Mushroom LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. 1337 Mushroom LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, 1337 Mushroom LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. 1337 Mushroom LLC assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, 1337 Mushroom LLC may disclose subscriber information or information transmitted over its network where necessary to protect 1337 Mushroom LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, 1337 Mushroom LLC will never sell information to other services or outside companies.

1337 Mushroom LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate 1337 Mushroom LLC policy. Finally, 1337 Mushroom LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify 1337 Mushroom LLC for any violation of the Service Agreement, law or 1337 Mushroom LLC policy resulting in loss to 1337 Mushroom LLC or the bringing of any claim against 1337 Mushroom LLC by any third party. This means that, if 1337 Mushroom LLC is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against 1337 Mushroom LLC, plus costs and reasonable attorney's fees.