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MDNet,
Inc.
Acceptable Use Policy
As an Internet service provider ("ISP"), MDNet offers its subscribers the means
to acquire and disseminate a wealth of public, private, commercial and non-commercial
information. MDNet also wants its subscribers to be fully informed of their rights and
obligations -- and those of MDNet -- in connection with their use of the Internet. This
Network Access Policy, which supplements and explains certain terms of each customer's
respective services agreement (the "Services Agreement"), is intended as a plain
English guide to those rights and obligations.
The fundamental fact about the Internet is that no one --neither MDNet, nor anyone else --
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 MDNet 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 MDNet cannot monitor and censor the Internet, and will not
attempt to do so, MDNet cannot accept any responsibility for injury to its subscribers
that results from inaccurate, unsuitable or offensive Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind
that MDNet does not review, edit, censor or take responsibility for any information its
subscribers may create. This places on subscribers what will be, for most, an unfamiliar
responsibility. 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 MDNet facilities and may reach a large
number of people, including both subscribers and nonsubscribers of MDNet, subscribers'
postings to the Internet may affect other subscribers and may harm MDNet's goodwill,
business reputation and operations. For these reasons, subscribers violate MDNet policy
and the Services Agreement when they, their affiliates or subsidiaries engage in the
following activities:
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a
strongly disfavored practice among Internet users and service providers. It is
particularly harmful not only because of its negative impact on consumer attitudes toward
MDNet, but also because it can overload MDNet's equipment and disrupt service to MDNet
subscribers.
Copyright Violation -- Violation of copyrights held by individuals and corporations or
other entities can result in civil and criminal liability for the infringer, and can
involve the ISP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation
of indecency and obscenity laws can result in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can result in civil
liability for the defamer and litigation against the ISP whose facilities were used to
distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized
accessing (often known as "hacking") of computers or networks carries potential
civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities --
Distribution of Internet viruses, worms, Trojan horses and other destructive activities,
such as hacking, can result in serious civil and or criminal liability under federal and
state law.
Export Control Violations -- The law limits the ability of persons to export encryption
software, over the Internet or otherwise, to points outside the United States.
Other Activities, whether lawful or unlawful, that MDNet determines to be harmful to its
subscribers, operations or reputation, including any activities that restrict or inhibit
any other user from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful activities just
described rests primarily with the subscriber. Verio will not, as an ordinary practice,
monitor the communications of its subscribers to ensure that they comply with MDNet policy
or applicable law. When MDNet becomes aware of harmful communications, however, it may
take any of a variety of actions. MDNet may remove information that violates its policies,
implement screening software designed to block offending transmissions, or take any other
action it deems appropriate, including termination of a subscriber's contract with MDNet.
MDNet also is aware that many of its subscribers are, themselves, providers of Internet
services, and that information reaching MDNet's facilities from those subscribers may have
been originated by customers of those subscribers or other third parties. MDNet does not
require its subscribers who offer Internet services to monitor or censor transmissions
created by customers of its subscribers. At the same time, subscribers who knowingly
transmit materials that violate law or MDNet policy are, themselves, in violation of MDNet
policy. Similarly, MDNet anticipates that subscribers who offer Internet services will
cooperate with MDNet in any corrective action that MDNet deems necessary, in order to
correct and prevent the transmission of material that is harmful to MDNet or its
subscribers. Failure to cooperate with such corrective and preventive measures is a
violation of MDNet policy.
MDNet also is concerned with the privacy of on-line communications. In general, the
Internet is neither more nor less secure than other common communications media, including
mail, facsimile and voice telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, MDNet urges its subscribers to assume that
all of their on-line communications are insecure.
MDNet can not take any responsibility for the security of communications transmitted over
MDNet's facilities. MDNet will comply fully, however, with all applicable laws concerning
the privacy of its subscribers' on-line communications. In particular, MDNet will not
intentionally monitor or disclose any private electronic mail messages sent or received by
its subscribers unless required to do so by law. MDNet may, however, monitor its service
electronically to determine that its facilities are operating satisfactorily. Also, MDNet
may be required to disclose information transmitted through its facilities in order to
comply with court orders, statutes, regulations or governmental requests. Finally, MDNet
may disclose information transmitted over its facilities where necessary to protect MDNet
and its subscribers from harm, or where such disclosure is necessary to the proper
operation of the system.
MDNet 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 MDNet policy. Finally, MDNet
wishes to emphasize that in signing the Services Agreement, subscribers indemnify MDNet
for any violation of the subscriber of the Services Agreement, or of law or MDNet policy,
that results in loss to MDNet or the bringing of any claim against MDNet. This means that
if MDNet is sued because of activities of the subscriber that violate any law, the
Services Agreement or this policy (which is part of the Services Agreement), the
subscriber will pay any damages awarded against MDNet, plus costs and reasonable
attorneys' fees.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users,
including MDNet and its subscribers, as responsible members of the Internet.
last updated 8/23/99 |
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