Introduction
As a provider of web hosting and various Internet-related services, servermo enables
its customers, also referred to as "Subscribers," along with their clients and
users, to access and distribute a wide range of public, private, commercial, and
non-commercial information. servermo upholds the belief that the Internet serves as
a platform for open and unrestricted discussion and information dissemination.
Nevertheless, when conflicting interests come into play, servermo retains the
authority to implement certain preventative or corrective actions. To safeguard
these divergent interests, servermo has established an Acceptable Use Policy (AUP).
This AUP complements and clarifies specific terms in each customer's corresponding
service agreement and serves as a reference for the rights and responsibilities of
customers when utilizing servermo's services. This AUP may be periodically updated.
A fundamental characteristic of the Internet is that it is not owned or controlled
by a single entity. This characteristic significantly accounts for the accessibility
and value of the Internet, but it also highlights the accountability and discretion
of its users.. This pertains both to the information they access and the information
they share with others. When Subscribers acquire information from the Internet, it
is imperative to acknowledge that servermo cannot actively oversee, verify,
guarantee, or endorse the accuracy and quality of this information. Subscribers must
exercise their own judgment when relying on information obtained from the Internet.
It should also be noted that some content posted on the Internet may be of a
sexually explicit or otherwise objectionable nature. As servermo does not have the
means to monitor or censor the Internet, and does not intend to do so, servermo
cannot assume responsibility for any harm suffered by its Subscribers due to
inaccurate, inappropriate, offensive, or unlawful Internet communications.
When Subscribers distribute information via the Internet, it is essential to
understand that servermo does not review, edit, censor, or accept responsibility for
any content generated by its Subscribers. Subscribers who share information on the
Internet are subject to the same legal obligations as other authors concerning
copyright violations, defamation, and other harmful speech. Moreover, because the
information generated is transmitted through servermo's network and may reach a wide
audience, encompassing both Subscribers and non-Subscribers of servermo, the content
posted on the Internet by Subscribers may impact other Subscribers and servermo's
reputation, business, goodwill, and operations. Due to these considerations,
Subscribers contravene servermo's policies and Service Agreement when they, their
clients, affiliates, or subsidiaries partake in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial information over the Internet is strictly
forbidden. This conduct is not only harmful because it harms consumers' perceptions
of servermo, but it can also put a burden on the company's network and interfere
with service for other servermo subscribers. Additionally, maintaining an open SMTP
relay is against the rules. When servermo receives a complaint about spam, we will
conduct an investigation and shut down the account responsible for sending spam. A 0
charge will be levied against the individual initiating the spam, and servermo
reserves the right to take legal action against this violation. If servermo decides
to pursue prosecution, a .00 charge will be assessed for EACH EMAIL sent as part of
this offense.
Sending Unsolicited Bulk Email ("UBE," "spam"): Sending any form of Unsolicited Bulk
Email through servermo's servers is against the rules. Likewise, sending UBE from
another service provider that advertises a website, email address, or utilizes any
resource hosted on servermo's servers is not allowed. servermo accounts or services
may not be used to solicit customers from, or collect responses to, messages sent
from another Internet Service Provider when those messages violate this Policy or
the policies of the other provider.
Running Unconfirmed Mailing Lists: Subscribing email addresses to any mailing list
without the express and verifiable permission of the email address owner is
prohibited. All mailing lists operated by servermo customers must be Closed-loop
("Confirmed Opt-in"). The subscription confirmation message received from each
address owner must be retained for the duration of the mailing list's existence.
Purchasing lists of email addresses from third parties for mailing to any domain
hosted by servermo or referring to any servermo account is not allowed.
Advertising, transmitting, or otherwise offering any software, program, product, or
service that is designed to violate this AUP or the AUP of any other Internet
Service Provider, including, but not limited to, enabling the means to send
Unsolicited Bulk Email, initiating pinging, flooding, mail-bombing, or
denial-of-service attacks.
Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP or the AUP of any other
Internet Service Provider, which includes, but is not limited to, the facilitation
of the means to send Unsolicited Bulk Email, initiation of pinging, flooding,
mail-bombing, denial of service attacks.
Operating an account on behalf of, or in connection with, or reselling any service
to individuals or businesses listed in the Spamhaus Register of Known Spam
Operations (ROKSO) database at www.spamhaus.org/rokso.
Unauthorized attempts by a user to gain access to any account or computer resource
not belonging to that user (e.g., "cracking").
Obtaining or attempting to obtain service by any means or device with the intent to
evade payment.
Unauthorized access, alteration, destruction, or any attempt to do so, of any
information belonging to servermo customers or end-users by any means or device.
Engaging in activities designed to harass or disrupt the service of any other user,
whether on the servermo network or on another provider's network. This includes
synchronized number sequence attacks or any form of denial-of-service attack.
Using servermo's Services to interfere with the use of the servermo network by other
customers or authorized users.
Audio/Video Streaming
Audio and video streaming are not conducive to hosting within servermo's
services. Therefore, servermo does not permit the streaming of audio or video
content. Accounts found in violation of this policy will face suspension without
prior notice or may be terminated.
Adult - Oriented Content
While servermo allows for adult content, any account found to be in violation of
the laws of the United States of America will be subject to suspension or
termination.
Large File Policy
servermo's services are not intended for file hosting and distribution.
Consequently, customers are not permitted to host files larger than 50MB in size
if they are primarily intended for download. These files might contain, but are
not restricted to.audio/video files,.EXE files, and ISO files. Please contact sales@servermo.com if you are unsure whether
your file complies with this policy.
Obscene Speech or Materials
The use of servermo's network to promote, transmit, store, publish, display, or
otherwise offer child pornography or obscene speech or materials is strictly
prohibited. servermo is legally obligated to report the presence of child
pornography on its network or any transmission of such content to law
enforcement agencies.
Defamatory or Abusive Language
servermo's network must not be used to transmit or post negative, defamatory,
harassing, abusive, or threatening language. This includes the forging or
misrepresentation of message headers, whether in part or in full, to conceal the
message's true source.
Usenet Groups
ServerMO retains the right to decline postings from newsgroups when there is
concrete knowledge that the content in the newsgroup violates the AUP.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities
The distribution of information related to the creation and transmission of
Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or
denial-of-service attacks is prohibited. Likewise, any activities that disrupt
the usage of the network or interfere with others' ability to effectively
utilize the network, systems, services, or equipment connected to it are
strictly forbidden.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing computers, accounts, or networks belonging to another party without
proper authorization or engaging in attempts to breach the security measures of
another individual's system (commonly referred to as "hacking") is strictly
prohibited.
This includes any measures like port scanning, stealth scanning, or other data
collecting techniques that might be used as a prelude to an attempted system
breach.
Facilitating a Breach of This AUP
Advertising, transmitting, or offering any software, program, product, or service
that is explicitly designed to violate this AUP is strictly prohibited. This include
helping out with things like spamming, starting pinging, flooding, mail bombing,
launching denial of service attacks, and participating in software piracy.
Violations of Export Controls
Sending encryption software via the Internet or any other means to locations outside
the United States is not permitted.
Other Activities
Engaging in activities, whether lawful or unlawful, that ServerMO deems harmful to
its subscribers, operations, reputation, goodwill, or customer relations is strictly
prohibited. It's important to remember that the subscriber has the majority of
responsibility for steering clear of such dangerous behaviors. ServerMO, as a
standard practice, does not monitor its subscribers' communications to ensure
compliance with ServerMO's policies or applicable laws.
However, when ServerMO becomes aware of any harmful activities, it reserves the
right to take action to halt these activities. This may include, but is not limited
to, removing information, disabling a website, implementing screening software to
block offending transmissions, denying access to the Internet, or taking any other
appropriate action as determined by ServerMO. ServerMO recognizes that many of its
subscribers provide Internet services themselves, and information reaching
ServerMO's facilities from these subscribers may have originated from their
customers or other third parties. ServerMO does not require subscribers who offer
Internet services to monitor or censor transmissions or websites created by their
customers.
ServerMO may also take direct action against a customer of its subscribers if
necessary. It may also take action against the subscriber if the activities of a
customer of that subscriber affect other subscribers. ServerMO expects subscribers
who provide Internet services to cooperate with any corrective or preventive action
that ServerMO deems necessary. Failure to cooperate is considered a violation of
ServerMO's policy.
ServerMO will not intentionally monitor the private electronic mail messages sent or
received by its subscribers, unless required to do so by law, a governmental
authority, or when public safety is at stake. However, ServerMO may monitor its
services electronically to ensure they are operating satisfactorily. ServerMO may
disclose information, including subscriber information, in order to comply with
legal requirements such as a court order, subpoena, summons, discovery request,
warrant, statute, regulation, or governmental request. ServerMO is under no
obligation to notify the subscriber that their information has been provided, and in
certain cases, may be prohibited by law from doing so.
ServerMO may also disclose subscriber information or information transmitted over
its network if it is necessary to protect ServerMO and others from harm or if such
disclosure is essential for the proper operation of the system. It's crucial to note
that ServerMO will never sell information to other services or outside companies.
ServerMO expects its subscribers who provide Internet services to fully comply with
all applicable laws regarding the privacy of online communications. Failure to do so
is considered a violation of ServerMO's policy.
In the Service Agreement, subscribers indemnify ServerMO for any violation of the
Service Agreement, law, or ServerMO's policy that results in a loss to ServerMO or
leads to any claims against ServerMO by a third party. In essence, if ServerMO is
sued due to a subscriber's or a subscriber's customer's activities, the subscriber
will be responsible for paying any damages awarded against ServerMO, as well as the
associated costs and reasonable attorney's fees.
The purpose of this AUP is to make clear the obligations of Internet users,
including ServerMO and its subscribers, as responsible Internet users. Contact sales@servermo.com with any complaints regarding
a subscriber's infringement of this AUP