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legal
Customer Agreement & Acceptable Use Policy
Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services, R&R Technologies 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. R&R Technologies respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, R&R Technologies reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, R&R Technologies has developed an Acceptable Use Policy (AUP), which is intended as a guide to the customer's rights and obligations when utilizing R&R Technologies' services. This AUP will be revised from time to time. A customer's use of R&R Technologies' services after changes to the AUP are posted on R&R Technologies' web site, www.mugweb.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 R&R Technologies 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 R&R Technologies cannot monitor or censor the Internet, and will not attempt to do so, R&R Technologies cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that R&R Technologies does 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 R&R Technologies' network and may reach a large number of people, including both subscribers and nonsubscribers of R&R Technologies, subscribers' postings to the Internet may affect other subscribers and may harm R&R Technologies' goodwill, business reputation, and operations. For these reasons, subscribers violate R&R Technologies 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 R&R Technologies, but also because it can overload R&R Technologies' network and disrupt service to R&R Technologies subscribers. Also, maintaining an open SMTP relay is prohibited.
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. R&R Technologies is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also R&R Technologies' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Child Pornography -- Using R&R Technologies' network to advertise, transmit, store, post, display, or otherwise make available child pornography. R&R Technologies is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through R&R Technologies' network.
Defamatory or Abusive Language -- Using R&R Technologies' 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 -- R&R Technologies 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, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that R&R Technologies 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 subscriber. R&R Technologies will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with R&R Technologies policy or applicable law. When R&R Technologies 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.
R&R Technologies also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching R&R Technologies' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. R&R Technologies does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. R&R Technologies has the right to directly take action against a customer of a subscriber. Also, R&R Technologies may take action against the R&R Technologies subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, R&R Technologies anticipates that subscribers who offer Internet services will cooperate with R&R Technologies in any corrective or preventive action that R&R Technologies deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of R&R Technologies policy.
R&R Technologies 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, R&R Technologies urges its subscribers to assume that all of their on-line communications are insecure. R&R Technologies cannot take any responsibility for the security of information transmitted over R&R Technologies' facilities.
R&R Technologies will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. R&R Technologies may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, R&R Technologies 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. R&R Technologies assumes 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, R&R Technologies may disclose subscriber information or information transmitted over its network where necessary to protect R&R Technologies and others from harm, or where such disclosure is necessary to the proper operation of the system.
R&R Technologies 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 R&R Technologies policy. Finally, R&R Technologies wishes to emphasize that in signing the service agreement, subscribers indemnify R&R Technologies for any violation of the service agreement, law, or R&R Technologies policy, that results in loss to R&R Technologies or the bringing of any claim against R&R Technologies by any third-party. This means that if R&R Technologies is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against R&R Technologies, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including R&R Technologies and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@mugweb.com
Privacy Policy
R&R Technologies' policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, R&R Technologies' policies and procedures are subject to change.
In the course of serving its customers, R&R Technologies acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to R&R Technologies by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by R&R Technologies in the normal course of providing service. R&R Technologies may use cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, R&R Technologies may use cookies to imporve security of user supplied information when moving between pages during a session. In addition, R&R Technologies may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
Data Security
R&R Technologies will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of R&R Technologies, its partners, its employees and other customers of R&R Technologies' services. To protect the loss, misuse, and alteration of information that is collected from customers, R&R Technologies has appropriate physical, electronic, and managerial procedures in place.
How is customer information used?
R&R Technologies may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. R&R Technologies may also use customer information to provide its customers with system information or information about new or upgraded products.
Opt Out & Modifications
Customers may not opt out of receiving information from R&R Technologies which is essential for maintaining or updating customers' accounts or system information.
Customers may access and modify their personal information via their online membership area.
Domain name customers who have registered a domain name with R&R Technologies and wish to change the Technical Contact from R&R Technologies to another company, may send a request to hostmaster@mugweb.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.
Disclosure of customer information and communications
R&R Technologies will not otherwise disclose its customers' personal and account information unless R&R Technologies has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of R&R Technologies, R&R Technologies' customers, or others, or where R&R Technologies has a good faith belief that the law requires such disclosure.
R&R Technologies also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that R&R Technologies stores or transmits for its customers. The circumstances under which R&R Technologies will disclose such electronic customer communications are when:
- it is necessary in order to provide service to the customer;
- it is necessary to protect the legitimate interests of R&R Technologies and its customers;
- it is required to cooperate with interception orders, warrants, or other legal process that R&R Technologies determines in its sole discretion to be valid and enforceable; and
- it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by R&R Technologies and appear to pertain to the commission of a crime.
R&R Technologies disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others.R&R Technologies will, however, review, delete or block access to communications that may harm R&R Technologies, its customers or third parties. The grounds on which R&R Technologies may take such action include, but are not limited to, actual or potential violations of R&R Technologies' Acceptable Use Policy.
Payment Policy
All services that R&R Technologies offers are pre-paid. For new service, the user is signed up as an inactive account until full payment has been received and verified. Once the payment has been received and verified, the account then becomes active. R&R Technologies will email, or otherwise contact the user, that the user's account is now active.
Once active, the account will remain active until the expiration date on the account which is always available on-line in the customer's member area. R&R Technologies will make reasonable attempts to notify the customer of an approaching expiration date. To maintain uninterrupted service, R&R Technologies must receive and verify payment before the expiration date. If the customer does not pay by the expiration date, the account will be put "on-hold".
In the case of Credit Card payments, if there is a bill-back issued to R&R Technologies against a prior verified payment, R&R Technologies will immediately place the account "on-hold" until the payment issue is resolved.
In the case of Check or Money Order payments, the account will remain inactive until the Check or Money Order has been cleared by our bank.
Accounts will be held inactive for at least 30 days before being "purged" from the system.
On-hold accounts will be frozen for up to 90 days before being "purged" from the system.
Last Modified August 9, 2000
Parental
Control Protection
In compliance with the Child Online Protection Act, the following is a
list of vendors who provide software that limits access to materials that
are harmful to minors:
Cyber Sitter - http://www.solidoak.com
Net Nanny - http://www.netnanny.com
While R&R Technologies does not in any way endorse the above referenced vendors or the services that they provide, R&R Technologies would like to inform its customers of the availability of such software.