Florian Meyer ist nicht verantwortlich fü die Inhalte von fremden Webseiten, auf die in Form von sogenannten "Hyperlinks" verwiesen wird.

Insbesondere ergibt sich durch das Aufrufen von Hyperlinks auf den Webseiten von MacMurph.COM kein Haftungsanspruch auf direkte und indirekte, materielle oder immaterielle Schäden, die durch das Betreten von fremden Webseiten entstehen können.

Florian Meyer ist nicht für den Inhalt und die Verletzung von Patent-, Marken und sonstigen Schutzrechten auf fremden Webseiten verantworltich.

This MacMurph.com use agreement and acceptable use policy (the “Agreement” or the “AUP”) provides important information about your MacMurph.com membership, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use MacMurph.com.

IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU -- NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY FLORIAN MEYER.

Florian Meyer may change, add or remove any part of this Agreement, or any part of the MacMurph.com services and features, including price, at any time. If it does so, Florian Meyer will post such changes on the MacMurph.com site. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING MACMURPH.COM YOUR CONTINUED USE OF MACMURPH.COM NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND ANY SUCH CHANGES.


• USING MACMURPH.COM

To become a MacMurph.com account holder, you must be at least 13 years old. If you are not yet 13 years old, you may still use MacMurph.com, but only if the account you are using was created and registered by your parent or legal guardian.

This Agreement is a legal document that sets forth your rights and obligations as a MacMurph.com user. You cannot use MacMurph.com until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use MacMurph.com. Your use of MacMurph.com is also subject to Florian Meyer’s corporate Privacy Policy. This applies to this Agreement and the Privacy Policy as they currently exist and as they may be revised from time to time by Florian Meyer.

When you accept this Agreement and complete the MacMurph.com registration process, you become the account holder. As a MacMurph.com account holder, Florian Meyer provides you with a limited, non-exclusive license for no more than the term of your membership (or, if you are a trial user, for the term of your trial period) to use the member name and password provided to you for your account. Your member name, when confirmed by Florian Meyer, is your on-line identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.


• AVAILABILITY OF THE SERVICE

While Florian Meyer makes reasonable efforts to ensure that MacMurph.com is available at all times, Florian Meyer does not guarantee, represent or warrant that MacMurph.com services will be uninterrupted or error-free, and Florian Meyer does not guarantee that users will be able to access or use all the MacMurph.com features at all times.

Subject to any specific license agreements for various MacMurph.com software features (including third party software), Florian Meyer may change, suspend or discontinue any (or all) aspects of MacMurph.com at any time, including the availability of any MacMurph.com feature or content. Florian Meyer may also impose limits on the use of or access to certain features or portions of MacMurph.com, or restrict your access to any part or all of MacMurph.com, in all cases without notice or liability. You must read and accept any separate software or other license offered in MacMurph.com for particular products, services or features, if you elect to use those products, services or features.

Florian Meyer also does not guarantee or warrant that any content or data you may have in your account at MacMurph.com will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other content. Unless otherwise expressly provided in the terms of any service or feature offered in MacMurph.com, Florian Meyer will not be responsible for any archiving or backup of any such information. If any data, messages, images or other content in your account and stored on the MacMurph.com system is damaged, lost or corrupted in any way, Florian Meyer will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular MacMurph.com feature or service.


• ACCEPTABLE USE POLICY GUIDELINES

Florian Meyer encourages MacMurph.com users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use MacMurph.com, whether you are using MacMurph.com on a trial basis or as a paying member. These rules and standards are described in this Agreement. As a MacMurph.com user, you agree to comply with this Agreement, and you acknowledge that Florian Meyer has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your MacMurph.com account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, Florian Meyer may take any and all appropriate actions -- this can range from the issuance of a warning about a violation to the termination of your access privileges for MacMurph.com to legal action -- as Florian Meyer deems necessary or appropriate. Florian Meyer is not required to provide notice prior to terminating your MacMurph.com access for violating these rules and standards, but it may choose to do so.

You are solely responsible for your conduct, and the conduct of anyone using your account or any sub-accounts, while using MacMurph.com, including the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your MacMurph.com account or any sub-account. Florian Meyer will not be responsible or liable in any way for any such on-line distribution or publication. Florian Meyer cannot and will not review every message or other content which may generated or posted on or through your account (although Florian Meyer reserves the right to monitor members’ use of MacMurph.com -- see “Investigations”, below), and Florian Meyer will not be responsible for anything in any of those messages or content.

Florian Meyer reserves the right to delete, move or edit any item (email or other Content) that Florian Meyer, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Florian Meyer believes may subject Florian Meyer to any liability or which may cause Florian Meyer to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to MacMurph.com users.

A member’s use of MacMurph.com should conform to the requirements of the law, respect for the rights of other users of MacMurph.com and third parties, and current standards for communicating on-line. By your use of MacMurph.com, you agree to use appropriate conduct and language when you are online -- this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including foreign or international law where appropriate).

Florian Meyer reserves the right to terminate your access to MacMurph.com at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any sub-account), your infringement of Florian Meyer’s or MacMurph.com’s or others’ content, or any other circumstances which, in Florian Meyer’s sole discretion, merit termination. Any such termination may, if Florian Meyer elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

• Illegal, Tortious and Prohibited Conduct

MacMurph.com may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Florian Meyer to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. “Content” means the text, software, communications, images, sounds, and all other information and materials you encounter or generate through your account or on-line through the Internet. If Florian Meyer elects to terminate your right to use MacMurph.com as a result of any illegal or prohibited conduct, Florian Meyer may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

Examples of prohibited conduct are:

• Posting obscene content (including child pornography)
  
• Planning illegal activity, such as building a bomb or counterfeiting money
  
• Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
  
• Pretending to be anyone you are not -- you may not impersonate or misrepresent yourself as another person (including celebrities), another MacMurph.com user, an Florian Meyer employee, or a civic or government leader; Florian Meyer reserves the right to reject or block any MacMurph.com user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity
  
• Using false statements to get, or to attempt to get, account information or other private information from other MacMurph.com or Internet users
  
• Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
  

• Harassing, threatening, or embarrassing another MacMurph.com or Internet user, including unsolicited commercial communications
  
• Stalking another MacMurph.com or Internet user (“cyberstalking”)
  
• Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable
  
• If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends
  
• Posting Content that defames, abuses or threatens physical harm to others or yourself
  

• You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the Content you find through MacMurph.com, unless you have the legal right to do so; and
  
• You must not make available serial numbers for software for the purpose of illegally validating or registering software.
  

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  
• Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
  
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Florian Meyer to locate the material;
  
• Information reasonably sufficient to permit Florian Meyer to contact the complaining party;
  
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  
• A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
  
• Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
  
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
  
• Falsifying your user identity or providing other false information to Florian Meyer or to other users of MacMurph.com in connection with your use of MacMurph.com or any feature of MacMurph.com
  
• Posting viruses or software designed to create a virus or to do harm to MacMurph.com, any MacMurph.com members or users of MacMurph.com, or any network
  
• Taking any other action to disrupt the normal use of MacMurph.com or the Internet by other users
  
• Use of software that allows your account to stay logged on while you are not actively using the account.
  
• Unsolicited E-Mail (“Spamming” and “Mailbombing”)
  

• Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements (“bulk” means sending the same or substantially similar messages to more than 25 e-mail users in a single day); Florian Meyer reserves the right to block unsolicited commercial e-mail if a MacMurph.com user objects to receiving such e-mail, even if it is not considered “bulk” e-mail
  
• Using information collected from any MacMurph.com user or MacMurph.com user directory or any other area of MacMurph.com for the purpose of sending unsolicited e-mail, whether or not it qualifies as “bulk” e-mail
  
• Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) (“excessive” includes posting the same or substantially similar messages to ten (10) or more groups in a single day)
  
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message
  
• Using another site’s mail server to relay mail without the express permission of the other site
  
• Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a MacMurph.com account, remailer, or otherwise through any feature of MacMurph.com, or using a MacMurph.com account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities
  
• Exceeding Account Limitations
  

• Soliciting for advertisers or sponsors
  
• Posting sponsorships and third-party advertisements and banners
  
• Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other MacMurph.com users
  
• Reselling, renting or subleasing MacMurph.com space under any circumstance
  
• Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding MacMurph.com users other than for personal, non-commercial purposes
  
• Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters
  

• At the end of any trial period, if you do not elect to become a paid MacMurph.com member.
  
• Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
  
• If your credit card is declined upon renewal of your membership, or if you elect to become a member after a trial period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Florian Meyer.