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Acceptable Use Policy
As a provider of web site hosting, and other
Internet-related services, Moto Host offers its clients,
and their customers and users, the means to disseminate a wealth of
public, private, commercial, and non-commercial information. Moto Host respects that the Internet provides a forum for free and
open discussion and dissemination of information, however, when there
are competing interests at issue, Moto Host reserves the
right to take certain preventative or corrective actions. In order to
protect these competing interests, Moto Host 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 Moto Host services. This AUP will be revised from time to time. A customer's
use of Moto Host after changes to the AUP are posted on Moto Host web
site, motohost.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, they also must keep in mind that Moto Host 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 Moto Host network and may reach a large number
of people, including both clients and non-clients of Moto Host, clients' postings to the Internet may affect other clients and
may harm Moto Host goodwill, business reputation, and operations. For
these reasons, clients violate Moto Host policy and the
service agreement when they, their customers, affiliates, or
subsidiaries engage in the following prohibited activities:
Spamming
E-mail service is provided as a courtesy. Any
abuses of the service will result in account removal. If Moto Host is
forced to remove your account for system abuse you will forfeit all fees
paid for services. This is done to discourage "spammers" that bounce
from host to host sending large quantities of e-mail.
Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming"). It is not only harmful
because of its negative impact on consumer attitudes toward Moto Host, but also because it can overload Moto Host's
network and disrupt service to Moto Host clients. Also,
maintaining an open SMTP relay is prohibited. When a complaint is
received, Moto Host 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
Engaging in any activity that infringes or
misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy,
and patents held by individuals, corporations, or other entities. Also,
engaging in activity that violates privacy, publicity, or other personal
rights of others. Moto Host is required by law to remove or
block access to customer content upon receipt of a proper notice of
copyright infringement. It is also Moto Host policy to terminate the
privileges of customers who commit repeat violations of copyright laws.
Defamatory or Abusive Language
Using Moto Host network as a means to transmit or
post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.
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"). 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).
Background Running Programs
Background Daemons in general are prohibited on Moto Host servers, including, but not limited to, IRC bots,
eggdrop, BitchX, XiRCON, warez sites and any other program that
interferes with normal server operation.
Moto Host 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
Distributing information regarding the creation of
and sending Internet viruses, worms, Trojan horses, pinging, flooding,
mail bombing, or denial of service attacks. 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.
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, mail bombing, denial of service
attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or
otherwise, to points outside the United States.
Usenet Groups
Moto Host 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.
Other Activities
Engaging in activities, whether lawful or
unlawful, that Moto Host determines to be harmful to its
clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for
avoiding the harmful activities just described rests primarily with the
client. Moto Host will not, as an ordinary practice,
monitor the communications of its client to ensure that they comply with
Moto Host policy or applicable law. When Moto Host 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.
Moto Host 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, Moto Host urges its clients to assume
that all of their on-line communications are insecure. Moto Host cannot take any responsibility for the security of information
transmitted over Moto Host facilities.
Moto Host 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. Moto Host may, however, monitor its
service electronically to determine that its facilities are operating
satisfactorily. Also, Moto Host 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. Moto Host
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, Moto Host may disclose client
information or information transmitted over its network where necessary
to protect Moto Host 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 Moto Host and its
clients, as responsible members of the Internet. Any complaints about a
client's violation of this AUP should be sent to
abuse@motohost.com |
