As a
provider of web site hosting, and other Internet-related services, Modomo
Inc. offers its clients, and their customers and users, the means to disseminate
a wealth of public, private, commercial, and noncommercial information.
Modomo Inc. respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when there are competing
interests at issue, Modomo Inc. reserves the right to take certain preventative
or corrective actions. In order to protect these competing interests,
Modomo Inc. has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement and is intended as a guide to the customer's rights
and obligations when utilizing Modomo Inc.’s services. This AUP
will be revised from time to time. A customer's use of Modomo Inc.’s
services after changes to the AUP are posted on Modomo Inc.’s web
site, www.modomo.com, will constitute
the customer's acceptance of any new or additional terms of the AUP that
result from those changes.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use the Internet to disseminate information to others.
When information is disseminated through the Internet, users also must
keep in mind that Modomo Inc. does not review, edit, censor, or take responsibility
for any information its clients may create. When users place information
on the Internet, they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech. Also, because the
information they create is carried over Modomo Inc.’s network and
may reach a large number of people, including both clients and non-clients
of Modomo Inc., clients' postings to the Internet may affect other clients
and may harm Modomo Inc.’s goodwill, business reputation, and operations.
For these reasons, clients violate Modomo Inc. policy and the service
agreement when they, their customers, affiliates, or subsidiaries engage
in the following prohibited activities:
• Spamming
• Intellectual Property Violations
• Adult Material
• Defamatory or Abusive Language
• Forging of Headers
• Illegal or Unauthorized Access to Other
Computers or Networks
• Background Running Programs
• Distribution of Internet Viruses, Worms, Trojan
Horses, or Other Destructive Activities
• Facilitating a Violation of this AUP
• Export Control Violations
• Usenet Groups
• Other Illegal Activities
• Other Activities
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet
is known as "spamming". It is not only harmful because of its
negative impact on consumer attitudes toward Modomo Inc., but also because
it can overload Modomo Inc.’s network and disrupt service to Modomo
Inc. clients. Also, maintaining an open SMTP relay is prohibited. When
a complaint is received, Modomo Inc. has the discretion to determine from
all of the evidence whether the e-mail recipients were from an "opt-in"
e-mail list.
Intellectual Property Violations
This type of violation includes:
• Engaging in any activity that infringes on or misappropriates
the intellectual property rights of others; including copyrights, trademarks,
service marks, trade secrets, and patents held by individuals, corporations,
or other entities;
• Engaging in software piracy; or
• Engaging in any activity that violates privacy, publicity, or
other personal rights of others.
Modomo Inc. is required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement. It is also
Modomo Inc.’s policy to terminate the privileges of customers who
commit repeat violations of copyright laws.
Adult Material
Because the Internet is a global communication tool and we have clients
from nearly every country in the world, it is difficult to dictate what
is considered "adult material." However, it is not our function
to discriminate against those who choose to utilize adult content or adult
related material. This being said, there are still several reasons why
Modomo Inc. has been forced to create its no adult sites policy for its
virtual server users.
What does Modomo Inc. consider "Adult Material?"
• Any site whose revenue is gained in part or whole from its adult
content.
• Photos or videos showing frontal nudity on either men or women
for nonscientific or non-artistic purposes.
• Revenue-generating hyperlinks to sites who violate policy #1.
Why does Modomo Inc. have this policy?
A virtual server is a shared environment where many web sites reside on
each particular machine. Consider that an average "adult site"
gets more hits than 100 standard websites. Some of the smaller adult sites
get around 5 GB of transfer per day. With these types of resources being
utilized, our servers would be severely slowed if we allowed these high
traffic sites to also reside on our servers. On top of that, we would
be forced to raise our prices to pay for the additional bandwidth. We
strive to keep our servers fast and inexpensive, and our bandwidth clear;
therefore, adult sites are not an option.
Modomo Inc. reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit",
or "sexually related". Let us know if you are unsure of the
approval of your site before placing an order.
Defamatory or Abusive Language
Using Modomo Inc.’s network as a means to transmit or post defamatory,
harassing, abusive, or threatening language is prohibited.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part,
to mask the originator of the message is prohibited.
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")
is not permitted. 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) is prohibited.
Background Running Programs
Background Daemons in general are prohibited on Modomo Inc. servers. These
include but not limited to IRC bots, eggdrop, BitchX, XiRCON, warez sites
and any other program that interferes with normal server operation.
Modomo Inc. will be the sole arbiter of what constitutes a violation of
the above policy.
Distribution of Internet Viruses, Worms, Trojan
Horses, or Other Destructive Activities
Sending or distributing information regarding the creation of Internet
viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial
of service attacks is prohibited. 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 are prohibited.
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, mailbombing, denial of service attacks, and piracy of software
is prohibited.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points
outside the United States is prohibited.
Usenet Groups
Modomo Inc. reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.
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 is prohibited.
Other Activities
Engaging in activities, whether lawful or unlawful, that Modomo Inc. determines
to be harmful to its clients, operations, reputation, goodwill, or customer
relations is prohibited.
As we have pointed out, the responsibility for avoiding the harmful activities
described above rests primarily with the client. Modomo Inc. will not,
as an ordinary practice, monitor the communications of its clients to
ensure that they comply with Modomo Inc. policy or applicable law. When
Modomo Inc. 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, denying access to
the Internet, or take any other action it deems appropriate.
Modomo Inc. also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure
than other means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, Modomo Inc. urges its clients to assume
that all of their on-line communications are insecure. Modomo Inc. cannot
take any responsibility for the security of information transmitted over
Modomo Inc.’s facilities.
Modomo Inc. will not intentionally monitor private electronic mail messages
sent or received by its clients unless required to do so by law, governmental
authority, or when public safety is at stake. Modomo Inc. may, however,
monitor its service electronically to determine that its facilities are
operating satisfactorily. Also, Modomo Inc. may disclose information,
including but not limited to, information concerning a client, a transmission
made using our network, or a web site, in order to comply with a court
order, subpoena, summons, discovery request, warrant, statute, regulation,
or governmental request. Modomo Inc. assumes no obligation to inform the
client that client information has been provided and in some cases may
be prohibited by law from giving such notice. Finally, Modomo Inc. may
disclose client information or information transmitted over its network
where necessary to protect Modomo Inc. and others from harm, or where
such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including Modomo Inc. and its clients, as responsible members of
the Internet. Any complaints about a client's violation of this AUP should
be sent to support@Modomo.com
*This Accepted Use Policy and all other Modomo Inc. policies are subject
to change by Modomo Inc. without notice. Continued usage of the services
after a change to this policy is implemented and posted on the Modomo
Inc. site constitutes your acceptance of such change or policy. We encourage
you to regularly check the Modomo Inc. site for any changes or additions.
Visit our Terms & Conditions for further information
regarding our policies.
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