MultiMeg's
acceptable use policies ("Policies") set forth below define
acceptable practices while using any of
MultiMeg's
services that provide access to the
MultiMeg
network (the "Service"). By using the Service, Client acknowledges
that users that have gained access to the Service (collectively
"Users"), have read, understood, and agree to abide by the
Policies. Client is responsible for violations of these Policies
by any User.
MultiMeg may
edit or remove content that we deem to be in violation of
the Policies.
The Policies apply to all aspects of the Service. Client is
entirely responsible for maintaining the confidentiality of
account information. Client agrees to indemnify, defend, and
hold
MultiMeg, its subsidiaries,
affiliates, officers, directors, employees, agents, licensors,
consultants, suppliers, and any third party providers harmless
from and against all claims, demands, actions, liabilities,
losses, expenses, damages, and costs, including actual attorneys'
fees, resulting from Client's violation of this Policy, misuse
or abuse of the Service, or Client's infringement, or infringement
by any other user, of any intellectual property or other right
of any person or entity. Client will cooperate as fully as
reasonably required in
MultiMeg's defense of any claim.
MultiMeg reserves the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by Client
and Client shall not in any event settle any matter without
the written consent of
MultiMeg. Client agrees immediately
to notify
MultiMeg of any
unauthorized use of account or any other breach of security
known to Client.
General
These Policies are designed to assist in protecting the Service, our
Users, and the Internet community as a whole from improper and/or
illegal activity over the Internet. Users are generally expected to
behave in a reasonable fashion and to adhere to commonly accepted
practices of the Internet community.
For the most part, simply exercising good judgment and common sense
while using the Service should enable Users to remain within the
purview of acceptable conduct as further described in these Policies.
The categories listed below are intended merely to serve as guidelines
regarding appropriate and inappropriate conduct; the list is by no
means exhaustive and should not be interpreted as such.
Rights of MultiMeg
If Users engage in conduct while using the Service that is in violation
of the Policies or is otherwise illegal or improper, we reserve the
right to suspend and possibly terminate the Service or the User's
access to the Service. In most cases, we will attempt to notify you of
any activity in violation of the Policies and request that the User
cease such activity; however, in cases where the viability of the
MultiMeg network is threatened or cases involving Unsolicited Commercial Email (UCE)/SPAM, mail
relaying, alteration of your source IP address information, denial of
service attacks, illegal activities, harassment, or copyright
infringement, we reserve the right to suspend your Service or the
User's access to the Service without notification. In addition, we may
take any other appropriate action, legal or otherwise, against a User
for violations of the Policies, which may include termination of the
Service. We do not make any promise, nor do we have any obligation, to
monitor or police activity occurring via the Service and will have no
liability to any party, including you, for any violation of the
Policies.
MultiMeg strives to maintain the usablity and integrity of the Internet
as a whole, and reserves the right to modify and disable the Service or a Users' access to the Service at
any time that a User violates the AUP or a violation is reported. At its sole discretion, in complement or addition to the
measures addressed above,
MultiMeg may take any one or more of the
following actions in response to reported or discovered AUP violations:
- Issue verbal or written warnings
- Suspend the Client's account
- Terminate the Client's account
- Bill the Client for reactivation charges
- Pursue legal remedies for violations
Clients will not be reimbursed for suspended Service due to AUP violations. In cases of accounts suspended
or terminated for AUP violations, Clients are still responsible for all account charges, including, but not
limited to, hardware charges, installation fees, and any other early termination liabilities.
All Clients and all Users of the Service agree to indemnify, waive, and hold
MultiMeg, LLC. (
MultiMeg), its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to a User's violation of this agreement, including any abusive or unlawful behavior on the part of a User or anyone using the Client's account, or the infringement of any intellectual property or privacy rights of any person or entity. Neither Clients nor Users may sue or recover any damages whatsoever from
MultiMeg due to any action taken by
MultiMeg during the investigation of a suspected or reported violation, or as a result of
MultiMeg's conclusion that a violation has occured.
AUP Changes:
MultiMeg reserves the right to revise, amend, or modify this policy at any time and in any manner without prior notice. All changes are effective immediately upon posting.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to
interfere with or compromise the normal functioning, operation, or
security of any network, system, computing facility, equipment, data,
or information. A User may not use the Service to engage in any
activities that may interfere with the ability of others to access or
use the Service or the Internet. A User may not use the Service to
monitor any data, information, or communications on any network or
system without authorization. A User may not attempt to gain
unauthorized access to the user accounts or passwords of other users.
Resale
Reselling the Service without the express written permission of
MultiMeg is forbidden.
Sharing Accounts
Sharing an account with another party for purposes of avoiding payment for a second account is strictly prohibited. Furthermore, if a User shares an account with another party, the Client agrees to be responsible for their conduct, including any violations of this policy.
UCE/Spamming/Mailbombing
A User may not use the Service to transmit excessive volumes
of unsolicited commercial email messages or deliberately
send excessively large attachments to one recipient. Any unsolicited
commercial email messages or a series of unsolicited commercial
email messages or large attachments sent to one recipient,
constitutes Unsolicited Commercial Email "UCE" and is prohibited.
In addition, "spamming" or "mailbombing" is also prohibited.
Use of the service of another provider to send UCE, Spam or
mailbombs, to promote a site hosted on or connected to the
MultiMeg network, is similarly
prohibited. Likewise, you may not use the Service to collect
responses from mass unsolicited email messages.
Spoofing/Fraud
A User may not attempt to send email messages or transmit any
electronic communications using a name or address of someone other than
the User for purposes of deception. Any attempt to impersonate someone
else by altering a source IP address information or by using forged
headers or other identifying information is prohibited. Any attempt to
fraudulently conceal, forge, or otherwise falsify a User's identity in
connection with use of the Service is prohibited.
Illegal Activity
Users agree to use the Service only for lawful purposes. Use of the
Service for transmission, distribution, retrieval, or storage of any
information, data, or other material in violation of any applicable law
or regulation (including, where applicable any tariff or treaty) is
prohibited. This includes, without limitation:
- Harassment, Threats, Hate Speech, and Harm to Minors: Using the Services to post or transmit email or content that is harassing, threatens physical violence or the destruction of property, or harms or attempts to harm minors in any way.
- Infringing Intellectual Property: Using the Service to transmit any material (by any means: email, uploading, file sharing, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to the unauthorized reproduction of copyrighted material, the digitization and distribution of graphics, art, or photographs from books, magazines, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- The transmission of any material that violates export control laws, or is obscene,
defamatory, or otherwise unlawful.
Other Prohibited Activities
The following activities are also prohibited:
- Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
- Transmitting files containing a computer virus or corrupted data, whether intentionally or unintentionally.
- Using the SMTP services of a third party for the purposes of relaying or sending electronic mail messages without the express permission of that third party
- Host a publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason
- Maintain, or send email to, "opt-in targeted marketing lists" if Customer cannot demonstrate, to MultiMeg's satisfaction, that the members of the list have knowingly requested to be added to the list(s) in question through direct action of their own doing, and that easily-accessible, automated opt-out/removal mechanisms are in place and available to the members of the list(s)
Any other inappropriate activity or abuse of the Service (as
determined by
MultiMeg in
its sole discretion), whether or not specifically listed in
these Policies, may result in suspension or termination of
the User's access to and use of the Service, without compensation.
Cooperation with Investigations
We will cooperate with appropriate law enforcement agencies and other
parties involved in investigating claims of illegal or inappropriate
activity.
Privacy
Because the Internet is an inherently open and insecure means of
communication, any data or information a User transmits over the
Internet may be susceptible to interception and alteration. We make no guarantee regarding, and assume
no liability for, the security and integrity of any data or information
a User transmits via the Service or over the Internet, including any
data or information transmitted via any server designated as "secure."
If you become aware of any violation of these Policies by
any person, please notify
MultiMeg,
either in writing or by email. We will notify our Customer,
of complaints received by us regarding each incident of alleged
violation these Policies by Users of the Service. You agree
to promptly investigate all such complaints and take all necessary
actions to remedy any actual violations of these Policies.
We may identify to the complainant that you are investigating
the complaint and may provide the complainant with the necessary
information to contact you directly to resolve the complaint.
You shall identify a representative for the purposes of receiving
such communications.
MultiMeg
reserves the right to install and use, or to have Client install
and use, any appropriate devices to prevent violations of
these Policies, including devices designed to filter or terminate
access to the Services provided by
MultiMeg.