By using online IPGEO.com
web site services (collectively, the “Services”) provided
by IPGEO.com, its partners and associates (collectively, “IPGEO”),
you agree to the following terms of this Acceptable Use Policy,
API usage limits, including the General
terms contained below:
Use of the IPGEO service to transmit any material (by e-mail,
uploading, posting or otherwise) 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, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
You will provide accurate and current information on all registration
forms on the Service. You will not impersonate any person or entity,
misrepresent your affiliation with a person or entity; or misrepresent
the origin of any content distributed through the Service.
Your email address is used only for confirming your registration
details, password (and for sending new passwords should you forget
your current one), or receiving newletters if you subscribe.
/ Limitation of Liability
THE SERVICE AND THE MATERIALS ARE PROVIDED BY MAD PENGUIN ON AN
"AS IS" BASIS, AND MAD PENGUIN EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO
EVENT SHALL MAD PENGUIN BE LIABLE FOR ANY LOSS OF PROFITS OR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS
AND THE PRODUCTS, IRRESPECTIVE OF WHETHER MAD PENGUIN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. IF ANY OF THE
ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF FOR ANY REASON A COURT
OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE
ACCEPTABLE USE POLICY TO BE UNENFORCEABLE, THE REMAINDER OF THE
ACCEPTABLE USE POLICY WILL CONTINUE IN FULL FORCE AND EFFECT.
YOU UNDERSTAND AND EXPRESSLY
AGREE THAT USE OF MAD PENGUIN'S SERVICES ARE AT YOUR SOLE RISK,
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF MAD PENGUIN'S SERVICES IS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
constitute violations of this AUP:
IPGEO's services may not be used for illegal purposes,
or in support of illegal activities. IPGEO reserves the right to
cooperate with legal authorities and/or injured third parties in
the investigation of any suspected crime or civil wrongdoing.
Harm to minors
Use of the IPGEO service to harm, or attempt to harm, minors in
any way, including, but not limited to child pornography.
Use of the IPGEO service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security
measures of IPGEO's or another entity's computer software or hardware,
electronic communications system, or telecommunications system,
whether or not the intrusion results in the corruption or loss of
data, is expressly prohibited and the offending IPGEO account is
subject to immediate termination.
Forgery or impersonation
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
infrmation is prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation.
Use of IPGEO service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such
as "pyramid schemes," "ponzi schemes," and "chain
Involves a knowing misrepresentation or misleading statement, writing
or activity made with the intent that the person receiving it will
act upon it.
Third Party Accountability
IPGEO subscribers will be held responsible and accountable for any
activity by third parties, using their account, that violates guidelines
created within the Acceptable Use Policy.
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure that
others do not gain unauthorized access to your account. In addition,
you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server.
Your password provides
access to your account. It is your responsibility to keep your password
secure. Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others from
using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
THIS ACCEPTABLE USE POLICY
IPGEO reserves the right to revise, amend, or modify this AUP and
our other policies and agreements at any time and in any manner.
authorize IPGEO to use, reproduce, transmit, store and display any
user-supplied content (including message board postings and replies)
for any purpose in any and all media.
This AUP constitutes
the entire agreement between the parties with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter. Any waiver of any provision of the AUP will be effective
only if in writing and signed by IPGEO.