As a provider of Internet access, web site hosting, and other
Internet-related services, CellMail.Com 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. We clearly respect
that the Internet provides a forum for free and open discussion
and dissemination of information, however, when there are competing
interests at issue, we reserve the right to take certain preventative
or corrective actions.
In order to protect these competing interests, we 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 CellMail's services. This AUP will be revised from
time to time. A customer's use of our services after changes to
the AUP are posted on CellMail web site
www.cellmail.com, 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 Cellmail
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 CellMail cannot monitor or censor the Internet, and will not attempt to do so, CellMail
cannot accept any responsibility for injury to its subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications.
Note: We urge you take extreme caution when allowing minor children or other individuals to
use the Internet without you helping them review what they are viewing!
When subscribers disseminate information through the Internet, they also must keep
in mind that we do 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
CellMail's and its upstream provider's network and may reach a large number of people, including
both subscribers
and nonsubscribers of Cellmail, subscribers' postings to the Internet may affect other
subscribers and may harm CellMail's goodwill, business reputation, and operations. For
these reasons, subscribers violate our 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 us, but also because it can overload our network and disrupt service to our subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CellMail 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. We are required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using our network to advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or material. We are required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on or being transmitted through our network.
Materials not in good taste -- Using our network to advertise, transmit, store, post, display, or otherwise
make available such as specific images or text that we have received complaints about or may negatively impact the lives
of others will be removed. We maintain our right to control what is displayed on the open areas of Cellmail. An open area is
that area that is available to any user. Some parts of an area may require a password to limit who has access to that material.
Defamatory or Abusive Language -- Using our 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 -- We reserve the right not to accept postings from newsgroups where we have actual knowledge that
the content of the newsgroup violates the AUP.
Note: Content in the Usenet groups can be illegal in some areas. Be careful!
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, terrorist activities defined by United States Government, and pirating
software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that we determine 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. We will not, as an ordinary practice,
monitor the communications of its subscribers to ensure that they comply with CellMail or its upstream provider, Verio's
policy or applicable law. When we 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.
We are also aware that many of its subscribers are, themselves, providers of Internet
services, and that information reaching CellMail facilities from those subscribers may
have originated from a customer of the subscriber or from another third-party.
We do not require its subscribers who offer Internet services to monitor or
censor transmissions or web sites created by customers of its subscribers. CellMail
has the right to directly take action against a customer of a subscriber. Also,
we may take action against the CellMail subscriber because of activities of a customer
of the subscriber, even though the action may effect other customers of the subscriber.
Similarly, we anticipate that subscribers who offer Internet services will cooperate
with us in any corrective or preventive action that either we or or upstream providers
deems necessary. Failure to cooperate with such corrective or preventive measures is a
violation of our policy.
We are also 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, we urge our subscribers
to assume that all of their on-line communications are insecure. We cannot take any
responsibility for the security of information transmitted over our facilities.
We will not intentionally monitor private electronic mail messages sent or received
by our subscribers unless required to do so by law, governmental authority, or when
public safety is at stake. We may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily. Also, we 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. We assume 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, we may disclose subscriber information or
information transmitted over its network where necessary to protect us and others
from harm, or where such disclosure is necessary to the proper operation of the system.
Please see the page on Privacy for more information:
CellMail's position on Privacy
We 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 our policy. Finally,
we wish to emphasize that in signing the service agreement, subscribers indemnify
us for any violation of the service agreement, law, or policy, that results in
loss to us or the bringing of any claim against CellMail.Com, its employees, or
its related sites by any third-party. This means that if we are sued because of a
subscriber's or customer of a subscriber's activity, you have agree to pay any damages
awarded against us, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including
CellMail and our direct users and subscribers, as responsible members of the Internet.
Any complaints about a subscriber's violation of this AUP should be sent to
abuse@cellmail.com.
We last modified this policy on 1 March 2003 to include
additional information about the Web Album and the Web Calendar Services
we now offer. We added an additional clause about the use of CellMail for Terrorist activities.
