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The RateMy� Network
(also referred to as the �Network�) respects the function of the Internet,
which provides a forum for free and open discussion and dissemination of
information, but when competing interests are at issue, The RateMy� Network
reserves the right to take certain preventative or corrective actions.� In order to protect these competing
interests, the Network has developed this Acceptable Use Policy (�Policy�),
which supplements and explains certain terms of the Membership Agreement and
sets forth additional rights and obligations applicable to those who use any
site in the Network ("Site") and services (collectively, the
�Services�), referred to herein as �Members�.��
The RateMy� Network reserves the right to change the Policy at any time,
with such change becoming effective immediately upon posting of the revised
Policy to the Site.� A Member�s use of
the Network�s Services after the Network has posted any changes to this Policy
will constitute the Member�s acceptance of any new or additional terms of the
Policy that result from those changes.�
The Network may terminate a Member's Agreement for cause, suspend all or
any portion of the Services (including but not limited blocking access to the
Site or removing the offending content) made available to any affected Member
in the event that such Member(s) fails to comply with the Policy.
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.� Members acknowledge and agree
that the Network does not verify, warrant, or vouch for the accuracy and
quality of the information that Members may acquire.� For this reason, the Member must exercise his or her best
judgment in relying on information obtained via the Services, and also should
be aware that some Internet material posted or accessible via the Services may
be sexually explicit or otherwise offensive.�
Upon receiving proper notice, the Network shall take reasonable efforts
to remove material from the Site that it believes is inappropriate for its
Members or otherwise violates this Policy, but it is committed to first
amendment free speech principles.���
Because the Network does not monitor or censor the Internet, and will
not attempt to do so, the Network does not accept any responsibility for injury
or harm to its Members that results from any Internet communications,
including, without limitation, inaccurate, unsuitable, offensive, or illegal
Internet content.�
Again, the Network does not take responsibility for
reviewing, editing, censoring, or otherwise monitoring any information its
Members may exchange, create, transmit or receive.� When Members place information on the Internet or the Site, they
acknowledge that they may be held liable for copyright infringement,
defamation, and other harmful speech.�
Also, because the information Members create, exchange or receive is
transmitted via the Network�s site and may reach a large number of people,
including both Members and non-Members, Members� postings to the Internet or
the Site may affect other Members and may harm the Network�s goodwill, business
reputation, and operations.� For these
reasons, Members violate the Network policy and the Membership Agreement when
they engage in any of the following prohibited activities: Spamming -- Sending
unsolicited bulk or commercial messages over the Internet, including, but not
limited to, informational announcements, special promotions and advertising
(known as �spamming�).� Members shall
not use another site's mail server to relay mail without the express written
permission of the site.� Spamming is not
only harmful because of its negative impact on the public�s perception of the
Network, but also because it can overload the Network�s servers and disrupt
Service to the Network Members.� ��
Intellectual Property Violations
-- Engaging in any activity that infringes or misappropriates the copyrights,
trademarks, service marks, trade secrets, patents, moral rights or other
intellectual property or proprietary rights of others.� The Network may remove content submitted or
accessible by Members or block access to the Site by any Member immediately
when the Network become aware that content or a Member's access to the Site may
infringe or misappropriate the copyrights, trademarks, service marks, trade
secrets, patents, moral rights or other intellectual property or proprietary
rights of others.��� Invasions of Privacy - Engaging in
activity that violates privacy, publicity, or other personal rights of others, e.g.,
posting private or embarrassing information about someone else or posting
someone else�s picture, likeness, or name.��
Under no circumstances may a Member post or otherwise exchange contact
information of any other Member or third party via the Services. Obscene Speech or Materials
-- Using the Network�s network to advertise, transmit, store, post, display, or
otherwise make available pornography or obscene speech or material.� The Network may notify, or otherwise
cooperate with, law enforcement agencies when it becomes aware of the presence
of child pornography on the Site or any other violation of law, code,
regulation or court order.� Defamatory or Abusive Language
-- Using or accessing the Network�s Services as a means to transmit or post
defamatory, harassing, abusive, or threatening language.� Forging of Headers -- Forging,
or misrepresenting message headers or any information contained within 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 or otherwise circumvent security measures, access
restrictions, or copy protections of another individual�s system, network or
software (including, without limitation, �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) violates the Policy.� Moreover, violations of system or network security may result in
criminal and civil liability. 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
Services or any connected network, system, service, or equipment.� Facilitating a Violation of this Policy
-- Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this Policy, which
includes without limitation 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 -- the
Network reserves the right not to accept postings from newsgroups where the
Network has actual knowledge that the content of the newsgroup violates the
Policy.� Other Illegal Activities -- Engaging
in activities that are determined to be illegal, including without limitation
advertising, transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, or pirating software.� Other Activities -- Engaging
in activities, whether lawful or unlawful, that the Network determines to be
harmful to its Members or its, its suppliers, agents, subcontractors
operations, network, software, reputation, goodwill, or customer
relations.�
As set forth above, the responsibility for complying with
the Policy rests primarily with the Member.�
Unless required to do so by law, governmental authority, or when public
safety is at stake, the Network will not, as an ordinary practice, monitor,
control or modify the communications of its Members.� When the Network becomes aware of harmful activities or other
violations of the Policy, however, it may take any lawful action to stop the
harmful activity, including but not limited to, removing information or
content, implementing screening software designed to block offending
transmissions, denying access, or taking any other action it deems
appropriate.�
The Network 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, the Network urges its Members
to assume that all of their on-line communications are not secure.� The Network does not take any responsibility
for the security of information transmitted via the Network�s Services.�
The Network does not intend to monitor private electronic
mail messages sent or received by its Members unless required to do so by law,
governmental authority, or when public safety is at stake.� The Network may, however, monitor its
Services electronically to determine that they are operating satisfactorily.� Also, the Network may disclose information,
including but not limited to, information concerning a Member, or a
transmission made via our Services, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute, regulation, or
governmental request.� The Network
assumes no obligation to inform the Member that Member information has been
provided pursuant to such legal compulsion, and in some cases may be prohibited
by law from giving such notice.�
Finally, the Network may disclose Member information or information
transmitted over its network in accordance with the Membership Agreement or
where necessary to protect the Network and others from harm, or where such
disclosure is necessary to the proper operation of the Services.�
The Network expects that its Members will comply fully with
all applicable laws concerning the privacy of on-line communications.� A Member�s failure to comply with those laws
will violate the Network Policy.�
Finally, the Network wishes to emphasize that in signing the Membership
Agreement, Members indemnify the Network for any violation of that Agreement,
of any law or regulation, or of this Policy, which violation results in loss to
the Network or in any claim against the Network by any third party.� This means that if the Network is sued
because of a Member�s activity, the Member will pay any damages awarded against
the Network, plus costs and reasonable attorneys� fees.�
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