As a provider of Internet access, web site hosting, and other Internet-related services, SM offers its Clients (also known as subscribers), and their Clients and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. SM has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each Client’s respective service agreements with SM and sets forth certain Client rights and obligations which govern the use of SM’ services.
SM cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire through the internet. Subscribers must exercise their 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 SM cannot monitor or censor the internet and will not attempt to do so, SM cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal internet communications.
Because 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, SM recommends that its subscribers assume that all of their on-line communications are not secure. SM assumes no responsibility for the security of information transmitted over through SM’s facilities.
SM 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. SM may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SM may disclose information, including but not limited to, information concerning a subscriber, a transmission made using SM’s network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. SM may disclose subscriber information or information transmitted over its network where necessary to protect SM and others from harm, or where such disclosure is necessary to the proper operation of the system.
The following are prohibited activities and if a subscriber, its Clients, affiliates or subsidiaries engage in any of them, then such action will be a violation of this AUP and the subscriber will be in breach of its service agreement with SM:
Spamming
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. SM is required by law to remove or block access to Client content upon receipt of a proper notice of copyright infringement. SM reserves the right to terminate the privileges of Clients who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using SM’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. SM is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through SM’ network.
Defamatory or Abusive Language: Using SM’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 an sending internet viruses, worms, Trojan Horses, pining, 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 means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, piracy of software.
Export Control Violations: Exporting encryption software over the internet or otherwise, to points outside the United States.
Usenet Groups: Posting to newsgroups with content that violates this AUP. SM reserves the right not to accept such postings when it has actual knowledge that the content violates this 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 SM determines to be harmful to its subscribers, operations, reputation, goodwill or Client relations.
When SM becomes aware of any of the described prohibited activities or activities that violate any law, it may take any action to stop such 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.
Because many of SM’ subscribers are themselves providers of internet services to their own Clients, SM reserves the right to take action, as discussed herein, directly against such Clients to address their unauthorized or unlawful activities, and to take action against the subscribers for their Clients’ unauthorized or unlawful activities. Subscribers shall cooperate with SM in any corrective or preventative action that SM deems necessary.
