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8.
Content/Activity
Prohibited.
The following are examples
of the kind of Content that is illegal or prohibited to post on or
through the MySpace Services. MySpace
reserves the right to investigate and take appropriate legal action
against anyone who, in MySpace's sole discretion, violates this
provision, including without limitation, removing the offending
Content from the MySpace Services and terminating the Membership of
such violators. Prohibited Content
includes, but is not limited to, Content that, in the sole
discretion of MySpace:
8.1
is patently
offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
8.2
harasses or
advocates harassment of another person;
8.3
exploits people
in a sexual or violent manner;
8.4
contains nudity,
excessive violence, or offensive subject matter or contains a link
to an adult website;
8.5
solicits
personal information from anyone under 18;
8.6
publicly posts
information that poses or creates a privacy or security risk to any
person;
8.7
constitutes or
promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
8.8
constitutes or
promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent
manufacturer-installed copy-protect devices, or providing pirated
music or links to pirated music files;
8.9
involves the
transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
8.10
contains
restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
8.11
furthers or
promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but
not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
8.12
solicits
passwords or personal identifying information for commercial or
unlawful purposes from other Users;
8.13
involves
commercial activities and/or sales without prior written consent
from MySpace such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
8.14
includes a
photograph or video of another person that you have posted without
that person's consent;
8.15
for band,
comedy, filmmaker and other profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile; or
8.16
violates the
privacy rights, publicity rights, copyrights, trademark rights,
contract rights or any other rights of any person.
The following are examples of the kind of activity that is
illegal or prohibited on the MySpace Website and through your use
of the MySpace Services. MySpace
reserves the right to investigate and take appropriate legal action
against anyone who, in MySpace's sole discretion, violates this
provision, including without limitation, reporting you to law
enforcement authorities. Prohibited
activity includes, but is not limited to:
8.17
criminal or
tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking,
spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade
secrets;
8.18
advertising to,
or solicitation of, any Member to buy or sell any products or
services through the unauthorized or impermissible use of the
MySpace Services. You may not transmit
any chain letters or junk email to other Members. In order to protect our Members from such
advertising or solicitation, MySpace reserves the right to restrict
the number of emails which a Member may send to other Members in
any 24-hour period to a number which MySpace deems appropriate in
its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages or
other unauthorized commercial communications of any kind through
the MySpace Services, you acknowledge that you will have caused
substantial harm to MySpace, but that the amount of such harm would
be extremely difficult to ascertain. As
a reasonable estimation of such harm, you agree to pay MySpace $50
for each such unsolicited email or other unauthorized commercial
communication you send through the MySpace Services;
8.19
circumventing or
modifying, attempting to circumvent or modify, or encouraging or
assisting any other person in circumventing or modifying any
security technology or software that is part of the MySpace
Services;
8.20
activity that
involves the use of viruses, bots, worms, or any other computer
code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise
permit the unauthorized use of or access to a computer or a
computer network;
8.21
covering or
obscuring the banner advertisements on your personal profile page,
or any MySpace page via HTML/CSS or any other means;
8.22
any automated
use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23
interfering
with, disrupting, or creating an undue burden on the MySpace
Services or the networks or services connected to the MySpace
Services;
8.24
impersonating or
attempting to impersonate another Member, person or entity;
8.25
for band,
comedy, filmmaker and other profiles containing a MySpace player,
copying the code for your MySpace Player and embedding it
(or directing
others to embed it) anywhere other than your band profile on
MySpace
;
8.26
using the
account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third
party to access your account;
8.27
selling or
otherwise transferring your profile;
8.28
using any
information obtained from the MySpace Services in order to harass,
abuse, or harm another person or entity, or
attempting to do the same
;
8.29
displaying an
unauthorized commercial advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for
your performing any commercial activity through the unauthorized or
impermissible use of the MySpace Services on behalf of that person,
such as placing commercial content on your profile, posting blogs
or bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your "Top 8" friends, or sending
private messages with a commercial purpose; or
8.30
using the
MySpace Services in a manner inconsistent with any and all
applicable laws and regulations.
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