Omnant Technologies :: Acceptable Use Policy
As a provider of hosting and other Internet-related services, Omnant Technologies, LLC ("OMNANT") offers its Clients, and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. OMNANT respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, OMNANT reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, OMNANT has developed this Acceptable Use Policy.
Since the Services are subcontracted to Amazon Web Services ("AWS") to deliver, the Acceptable Use Policy that is applicable for this Agreement is, accordingly, the AUP that is provided by AWS that may be found electronically at http://aws.amazon.com/aup, as may be updated from time-to-time
Additionally, the following provisions supplement the foregoing and is intended as a guide to the Client's rights and obligations when utilizing the Services. This AUP will be revised from time to time. A Client's use of the Services after changes to the AUP are posted on the AWS or OMNANT web site will constitute the Client'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 means that those who use the Internet must exercise judgment and responsibility, 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 OMNANT cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, Client must exercise 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 OMNANT cannot monitor or censor the Internet, and will not attempt to do so, OMNANT cannot accept any responsibility for injury to its Clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When Clients disseminate information through the Internet, they also must keep in mind that OMNANT does not review, edit, censor, or take responsibility for any information its Clients may create. When Clients 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 the Internet and may reach a large number of people, Cleints' postings to the Internet may affect other clients and may harm OMNANT goodwill, business reputation, and operations. For these reasons, subscribers violate OMNANT policy and the Agreement by engaging in the following prohibited activities:
Spamming -- OMNANT does not allow the use of their services for mass mailings except upon prior written approval/agreement. This includes all mailing lists, legitimate opt-in or not. Email usage in excess of 500 emails per account per 24 hours is not allowed and could result in suspension of email services, account suspension, and/or account termination. For these types of mass mailings, a third party mass email service should be used.
Intellectual Property Violations – This AUP forbids 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, as well as activities that violate privacy, publicity, or other personal rights of others. OMNANT is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also OMNANT policy to terminate the privileges of Clients who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using the Services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is absolutely forbidden. OMNANT is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through OMNANT network.
Defamatory or Abusive Language – The Services may not be used 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 violates this AUP.
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 a third party's system (often known as "hacking") Is forbidden, as is 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, mail-bombing, or denial of service attacks is a violation of this AUP. Additionally, 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 are forbidden.
Facilitating a Violation of this AUP – Clients may not advertise, transmit, or otherwise make 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, mail-bombing, 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 is forbidden by this AUP.
Usenet Groups -- OMNANT reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the 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, phishing scams / schemes, and pirating software is a violation of this AUP.
Other Activities – Clients may not engage in activities, whether lawful or unlawful, that OMNANT determines 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 Client. OMNANT will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with OMNANT policy or applicable law. When OMNANT 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.
OMNANT also is 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, OMNANT urges its Clients to assume that all of their on-line communications are insecure. OMNANT cannot take any responsibility for the security of information transmitted over OMNANT facilities.
OMNANT will not intentionally monitor private electronic mail messages sent or received by its Clients unless required to do so by law, governmental authority, or when public safety is at stake. OMNANT may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, OMNANT may disclose information, including but not limited to, information concerning a client, 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. OMNANT assumes no obligation to inform the Client that Client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, OMNANT may disclose Client information or information transmitted over its network where necessary to protect OMNANT and others from harm, or where such disclosure is necessary to the proper operation of the system.