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.comif 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.comwith any complaints regarding a subscriber's infringement of this AUP