Acceptable Use Policy
This ACCEPTABLE USE POLICY (this “Policy”) is executed effective as of March 8, 2022 by MBS CLOUD, LLC, a Texas limited liability company (along with its Affiliates, collectively “MBS”).
This Policy is intended to govern your access to, and identify activities that you, your organization, and its authorized users (each, a “User” and, collectively, the “Users”) are prohibited from engaging in while using:
(i) the hosting, infrastructure, desktop, virtual private network (“VPN”), and other services known as The Complete CloudTM (collectively, the “Services”); and
(ii) any and all websites owned or operated by MBS, including but not limited to www.mbssecure.com (the “Website”).
By using the Services and/or Website, you accept and agree to be bound and abide by this Policy. If you do not want to agree to this Policy, you must not access or use the Services or Website. USERS WHO VIOLATE THIS POLICY ARE SUBJECT TO TERMINATION OF THE SERVICES AND LIABILITY FOR DAMAGES.
Users are permitted to use the Services and the Website only for lawful purposes and in accordance with this Policy. Users are strictly prohibited from using, facilitating the use of, and allowing others to use, the Services or the Website as set forth in this Section 1.
1.1 General. Use of the Services or Website in any way that violates any applicable federal, state, local, or international law, rule, or regulation. This includes, without limitation:
(a) illegal or fraudulent activity, such as gambling, piracy, and violating copyright, trademark, or other intellectual property laws (collectively, “Laws”);
(b) violating any Laws regarding the export of data or software to and from the United States or other countries, including accessing or authorizing anyone to access the Services from an embargoed country;
(c) uploading and distributing unlicensed software; and
(d) threatening, stalking, defaming, defrauding, degrading, victimizing, or intimidating anyone for any reason.
1.2 Exploitation of Minors. Use of the Services or Website for purposes of exploiting, harming, abusing, or attempting to exploit, harm, or abuse minors in any form. This includes but is not limited to (i) exposing minors to inappropriate content, (ii) soliciting personally identifiable information from minors, (iii) uploading content or engaging in any activity that promotes the sexual exploitation of minors and/or constitutes child pornography, and (iv) other conduct related to the foregoing.
1.3 Violation of Rights. Use of the Services or Website to send, knowingly receive, upload, download, use, or re-use any material which violates the intellectual property or other rights of any individual or entity, regardless of the jurisdiction in which they are established.
1.4 Spamming. Use of the Services or Website to transmit, distribute, publish, send, or deliver, or facilitate the transmission, distribution, publication, sending, or delivery of unsolicited mass email or other messages, promotions, advertising, or solicitations. This includes, but is not limited to, correspondence commonly referred to as junk mail, chain letters, and spam.
1.5 Impersonation or Misrepresentation. Use of the Services or Website to impersonate or attempt to impersonate (i) MBS, (ii) any of its employees, executives, contractors, agents, or other authorized representatives, (iii) other Users, or (iv) any third person or entity (such as with “spoofing”). This includes using e-mail addresses or screen names associated with third parties, misrepresenting the source of content you post or upload, and other conduct intended to misrepresent your identity.
1.6 Inciting Violence. Use of the Services or Website to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm.
1.7 Privacy Violations. Use of the Services or the Website to invade the privacy of any individual or entity by attempting to harvest, collect, store, and/or publish private or personally identifiable information without their knowledge and prior written consent. This includes information such as passwords, account information, credit card numbers, addresses, and other personal, financial, or contact information that a reasonable person would consider to be private in nature.
1.8 Notices and Links. Removing, modifying, or tampering with any regulatory or legal notice, link, or document that is incorporated into the Services or Website. This includes, without limitation:
(a) providing or creating links to external sites that violate this Policy or other legal agreements provided by MBS or to which it is a party; and
(b) using the Services or Website to distribute any link (or other offering) designed to violate the terms set forth in this Policy.
Interference with the Services
2.1 Damage to the Services. Users may not, and may not facilitate, enable, or allow others to, use the Services or Website in any manner that could directly or indirectly harm, disable, overburden, damage, or impair the same. Examples of such prohibited conduct include:
(a) using any device, software, or routine that interferes with the proper functioning of the Services;
(b) using any robot, spider, or other automated device, process, service, or means to access the Services;
(c) using any manual process to monitor or copy any Services traffic or resources available by virtue of the Services, or for any other unauthorized purpose without our prior written consent;
(d) introducing any virus, trojan horse, worm, logic bomb, or other software or material which is malicious in nature and/or potentially technologically harmful to the Services, Website, or any Users of the foregoing;
(e) using the Services for purposes of gaining unauthorized access to any other service, data, account, or network by any means;
(f) attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, Website, or any server, computer, database, or other resource or element connected to or used in conjunction therewith;
(g) violating, attempting to violate, or facilitating the violation of the security, integrity, and/or availability of the Services, or of any User, network, computer, communications system, software, application, or computing device; or
(h) otherwise attempting to interfere, damage, or tamper with the proper working of the Services.
2.2 Third Party Use of the Services. Users may not engage in any conduct that directly or indirectly restricts, inhibits, or interferes with any other party’s access to, or use or enjoyment of, the Services. This includes their ability to engage in real time activities through the Services, or conduct which, as determined by MBS, may harm MBS or any Users of the Services or expose them to liability. Transmitting content that harms or disrupts, or intends to harm or disrupt, another User’s device is likewise strictly prohibited.
2.3 Unauthorized Access. Any attempt to gain unauthorized access to the Services, or enabling, permitting, allowing, or authorizing any third party to access or use the Services on your behalf, is strictly prohibited. This conduct includes, without limitation, any User who (i) reveals their username, password, or other credentials to an unlicensed or otherwise unauthorized third party, or (ii) transmits content that would enable you or a third party to illegally access software or bypass security on devices, websites, or servers.
2.4 Cryptocurrency Mining. Users may not, and may not facilitate, enable, or allow others to, use the Services or Website to mine, extract, or otherwise cause new cryptocurrencies to enter into circulation, whether individually, by means of a pool, or otherwise. Such conduct is likely overburden and impair the MBS network, negatively impact the experience of all Users, and is strictly prohibited.
3.1 Disclaimer Regarding User Content. MBS is not responsible for the content of any user-created posting, listing, or message. The decision to view content or engage with others is yours. MBS advises all of its Users to utilize their best judgment.
3.2 Content Standards. Users are prohibited from directly or indirectly utilizing the Services to send, knowingly receive, upload, download, use, or re-use any material which:
(a) contains any defamatory, obscene, indecent, abusive, offensive, violent, hateful, harassing, inflammatory, or otherwise objectionable content;
(b) promotes sexually explicit or pornographic content, discrimination, or violence, or that based on race, sex, religion, nationality, disability, sexual orientation, and/or age;
(c) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any individual or entity;
(d) violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable Laws;
(e) is likely to deceive any individual or entity;
(f) promotes any illegal activity or advocates, promotes, or assists any unlawful act;
(g) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
(h) impersonates any individual or entity, or misrepresents your identity or affiliation with any individual or entity;
(i) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, bartering, or advertising; or
(j) gives the impression that they emanate from or are endorsed by MBS or any other individual or entity, if this is not the case, or if it is the case, without prior written consent.
Monitoring, Investigation, and Enforcement
4.1 Reporting Violations. To maintain the safety of MBS, our Users, and the Services, MBS requests that its Users report any known or suspected violation of this Policy to MBS as follows (if by email, please include “Acceptable Use Policy” in the subject):
By Mail: By E-Mail:
MBS Secure, LLC email@example.com
Attention: Acceptable Use Policy
P.O. Box 57832 By Phone:
Webster, Texas 77598 (877) 627-0787
4.2 Reservation of Rights. MBS, in its sole discretion, will determine whether your conduct is in compliance with this Policy. MBS reserves the unqualified right, without notice and at its sole discretion, to:
(a) monitor your use of the Services or Website for any purpose, and investigate any unauthorized or improper use or suspected violation of this Policy;
(b) take any action MBS deems necessary or appropriate if we believe a User’s conduct violates this Policy, infringes any intellectual property or other rights of any individual or entity, threatens the personal safety of Users or the public, or could create liability for MBS, including but not limited to removing or disabling access to any content or resource in violation hereof;
(c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property, privacy, or other rights;
(d) take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Services or Website;
(e) block messages from particular internet domains, mail servers, or IP addresses; and
(f) terminate and/or suspend your access to all or part of the Services for any violation of this Policy.
4.2 Further Assurances. Each User shall cooperate with MBS to remedy any known or suspected violations of this Policy. In determining whether a violation of this Policy has occurred or is ongoing, MBS may consider your ability and willingness to cooperate with our investigation and/or otherwise comply with this Policy, including any internal policies and/or processes you have in place to prevent or identify and remove any prohibited content or activity.
4.3 Law Enforcement. Without limiting the rights set forth in this Section 4, MBS has the right to fully cooperate with any law enforcement agency or court order requesting or directing MBS to disclose the identity or other information of anyone who accesses or uses the Services or the Website.
4.4 Waiver. BY USING THE SERVICES AND/OR WEBSITE, YOU HEREBY WAIVE AND HOLD HARMLESS MBS AND ITS AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, EXECUTIVES, MANAGERS, LICENSEES, SERVICE PROVIDERS, AND OTHER AUTHORIZED REPRESENTATIVES, AND ANY AFFILIATES OF THE FOREGOING, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AGENCIES.
5.1 Amendments to Policy. MBS reserves the right to amend, alter, or modify this Policy at any time, without notice, by posting a revised version on the Website. MBS encourages all Users to periodically review these guidelines to ensure you are in compliance. Your continued use of the Services or access of the Website constitutes your acceptance and agreement to be bound and abide by the latest version of this Policy in its entirety.
5.2 Virus Protection. Users are responsible for protecting their computers and other equipment against interference, spyware, or viruses that may be encountered by virtue of downloaded items from the Services. MBS always recommends that you install a virus and malware protection program on your computer and keep it up to date.
5.3 Terms and Conditions. Your use of the Services administered through the Website is governed by the terms and conditions of the agreement(s) under which you purchased the same. You can obtain a copy of any such agreement(s) by contacting MBS Support.
5.4 No Waiver of Rights. Nothing in this Policy is intended to grant or shall be construed as granting any rights in the Services or the Website. Failure to enforce this Policy in every instance does not amount to a waiver of any rights held by MBS.