Acceptable Use Policy

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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