The Master’s Software, LLC (“TMS”) has developed an Acceptable Use Policy ("AUP"),
which explains certain terms of service for each customer and is intended as a guide to the customer's rights and obligations when utilizing TMS 's services. The AUP may be revised from time to time as posted on TMS's web site. The following list is considered unacceptable, and any person or persons found participating any or all of these activities may be suspended or terminated. If activities warrant, legal action may be pursued by TMS.

Spamming and/or Bulk Email -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward TMS, but also because it can overload TMS's network and disrupt service to other TMS subscribers.

Defamatory or Abusive Language -- Using TMS's network to advertise, transmit, store, post, display, or otherwise make available defamatory, harassing, abusive, or threatening language.

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 might 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, denial of service attacks or variants of denial of service attacks (such as DDOS, DrDOS, and the like.). 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.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. TMS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also TMS's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Export Control Violations -- Exporting encryption software or other restricted property or information over the Internet or otherwise, to points outside the United States as limited by law.

Facilitating 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.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including 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 TMS determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Immoral or unethical Activities – TMS strives to be a family friendly corporation. To that end, TMS reserves the right to not host or to discontinue hosting sites that it deems -- at it's own discretion-- contains material(s) that it finds immoral, unethical, or offensive. Examples include, but are not limited to, pornographic sites, chat sites with adult content or themes, and other such material.

File and music sharing – Because of the extreme bandwidth needs required to host file and music sharing sites, TMS will not host these sites. (This does not mean a site that contains files or limited sound bites but sites that are established, promote, or are significantly based on file or music sharing.) Note that this is above and beyond the legal requirements set out earlier in this document.  Even if you own or have legal right to publish your music or files,  TMS will not host these services.

As we have pointed out above, the responsibility for avoiding the harmful activities just described rests primarily with the customer. TMS will not, as an ordinary practice, monitor the communications or files of its customers to ensure that they comply with TMS policy or applicable law. When TMS becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, or take any other action it deems appropriate or necessary.

We hope this AUP is helpful in clarifying the obligations of TMS’s customers.