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Last Modified October 9, 2003
As a provider of Internet access, web site hosting, and
other Internet-related services, ModelServ offers its customers
(also known as subscribers), and their customers and users,
the means to acquire and disseminate a wealth of public,
private, commercial, and non-commercial information. ModelServ
respects that the Internet provides a forum for free and
open discussion and dissemination of information, however,
when there are competing interests at issue, ModelServ reserves
the right to take certain preventative or corrective actions.
In order to protect these competing interests, ModelServ 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 ModelServ's services.
This AUP will be revised from time to time. A customer's
use of ModelServ's services after changes to the AUP are posted
on ModelServ's web site, www.ModelServ.net, 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, both in the information they acquire and
in the information they disseminate to others. When subscribers
obtain information through the Internet, they must keep
in mind that ModelServ cannot monitor, verify, warrant, or vouch
for the accuracy and quality of the information that subscribers
may acquire. For this reason, the subscriber must exercise
his or her best judgment in relying on information obtained
from the Internet, and also should be aware that some material
posted to the Internet is sexually explicit or otherwise
offensive. Because ModelServ cannot monitor or censor the Internet,
and will not attempt to do so, ModelServ cannot accept any responsibility
for injury to its subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet,
they also must keep in mind that ModelServ does not review,
edit, censor, or take responsibility for any information
its subscribers 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 ModelServ's network and may reach a large number of people,
including both subscribers and nonsubscribers of ModelServ,
subscribers' postings to the Internet may affect other subscribers
and may harm ModelServ's goodwill, business reputation, and
operations. For these reasons, subscribers violate ModelServ
policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
activities:
Spamming -- 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 ModelServ, but also because it can overload
ModelServ's network and disrupt service to ModelServ subscribers.
Also, maintaining an open SMTP relay is prohibited. When
a complaint is received, ModelServ has the discretion to determine
from all of the evidence whether the email recipients
were from an "opt-in" email 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. ModelServ is required
by law to remove or block access to customer content upon
receipt of a proper notice of copyright infringement.
It is also ModelServ's policy to terminate the privileges
of customers who commit repeat violations of copyright
laws.
Obscene Speech or Materials -- Using ModelServ's network
to advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or
material. ModelServ is required by law to notify law enforcement
agencies when it becomes aware of the presence of child
pornography on or being transmitted through ModelServ's network.
Defamatory or Abusive Language -- Using ModelServ's
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).
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, mailbombing,
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, mailbombing,
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 -- ModelServ 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 ModelServ determines to be harmful
to its subscribers, operations, reputation, goodwill,
or customer relations.
As we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily with
the subscriber. ModelServ will not, as an ordinary practice,
monitor the communications of its subscribers to ensure
that they comply with ModelServ policy or applicable law. When
ModelServ 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.
ModelServ also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching
ModelServ's facilities from those subscribers may have originated
from a customer of the subscriber or from another third-party.
ModelServ does not require its subscribers who offer Internet
services to monitor or censor transmissions or web sites
created by customers of its subscribers. ModelServ has the right
to directly take action against a customer of a subscriber.
Also, ModelServ may take action against the ModelServ subscriber
because of activities of a customer of the subscriber, even
though the action may effect other customers of the subscriber.
Similarly, ModelServ anticipates that subscribers who offer
Internet services will cooperate with ModelServ in any corrective
or preventive action that ModelServ deems necessary. Failure
to cooperate with such corrective or preventive measures
is a violation of ModelServ policy.
ModelServ 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, ModelServ urges its subscribers to assume
that all of their on-line communications are insecure. ModelServ
cannot take any responsibility for the security of information
transmitted over ModelServ's facilities.
ModelServ will not intentionally monitor private electronic
mail messages sent or received by its subscribers unless
required to do so by law, governmental authority, or when
public safety is at stake. ModelServ may, however, monitor its
service electronically to determine that its facilities
are operating satisfactorily. Also, ModelServ may disclose information,
including but not limited to, information concerning a subscriber,
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.
ModelServ assumes no obligation to inform the subscriber that
subscriber information has been provided and in some cases
may be prohibited by law from giving such notice. Finally,
ModelServ may disclose subscriber information or information
transmitted over its network where necessary to protect
ModelServ and others from harm, or where such disclosure is
necessary to the proper operation of the system.
ModelServ expects that its subscribers who provide Internet
services to others will comply fully with all applicable
laws concerning the privacy of on-line communications. A
subscriber's failure to comply with those laws will violate
ModelServ policy. Finally, ModelServ wishes to emphasize that in
signing the service agreement, subscribers indemnify ModelServ
for any violation of the service agreement, law, or ModelServ
policy, that results in loss to ModelServ or the bringing of
any claim against ModelServ by any third-party. This means that
if ModelServ is sued because of a subscriber's or customer of
a subscriber's activity, the subscriber will pay any damages
awarded against ModelServ, plus costs and reasonable attorneys'
fees.
We hope this AUP is helpful in clarifying the obligations
of Internet users, including ModelServ and its subscribers,
as responsible members of the Internet. Any complaints about
a subscriber's violation of this AUP should be sent to portal@digitalrunway.net.
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