The Acceptable Use Policy
The Acceptable Use Policy (“AUP”) set forth below defines acceptable practices while using any of O’Mara IT, LLC (“O’Mara IT”) services (the “Service”). By using the Service, you acknowledge that you and your users and account holders (collectively “Client”) have read, understood, and agree to abide by this AUP as modified from time to time by O’Mara IT. This AUP is designed to help protect O’Mara IT, O’Mara IT’s clients and the Internet community in general, from irresponsible or, in some cases, illegal activities. This AUP is a non-exclusive list of the actions prohibited by O’Mara IT and incorporates the terms and conditions of O’Mara IT’s third party service providers’ acceptable use policies. O’Mara IT reserves the right to modify the AUP at any time by O’Mara IT in its sole and absolute discretion without notice, effective upon posting such modifications at http://omarait.com/aup . Client is responsible for monitoring the link for changes to this AUP.
SPAM and Email Abuse
Client shall not use the Service for any unlawful purpose. O’Mara IT reserves the right to immediately suspend Service of any client in violation of any part of the Federal CAN-SPAM Act of 2003. The sending of any form of unsolicited bulk email (“UBE”) through the O’Mara IT network is prohibited. Similarly, the sending of UBE from another service provider advertising a website, email address or utilizing any resource hosted on the network provided by O’Mara, is prohibited. The Service may not be used to solicit clients from, or collect replies to messages sent from other Internet service providers where those messages violate this AUP or that of the other provider.
In addition, Clients may not sell or distribute lists of “harvested” email addresses. Clients who provide or make use of a service employing referral IDs will be considered responsible for UBE sent by members of the referral ID service that makes reference to Services provided by O’Mara IT. Purchasing lists of email addresses from third parties for mailing through any O’Mara IT hosted network, colocation or referencing any O’Mara IT account is prohibited.
Clients sending bulk email, using Services provided by O’Mara IT may only engage in such activity through the use of “closed-loop opt-in” mailing lists, where this refers to lists obtained and assembled only by the sender and with the direct permission of the listed recipients. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. Clients who send bulk email must have a method of confirmation or verification of subscriptions (“Subscription Confirmation”) and must be able to show evidence of such Subscription Confirmation to users who complain about receiving unsolicited email. Client shall keep all Subscription Confirmations for each mailing list address for the duration of the existence and use of any mailing list and for a reasonable time after such use. Client must provide a mechanism by which email recipients can submit requests to unsubscribe from any mailing list. Client must honor all unsubscribe requests within 5 business days from its receipt of such request.
Client may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Client for purposes of deception. Any attempt to impersonate someone else by altering a source internet protocol address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Client’s identity in connection with use of the Service is prohibited.
Client shall not operate an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
Client shall remain solely responsible for use of the Services provided by O’Mara IT by Client and its users and will also be liable for any damages that may be and are incurred. Client is responsible for any and all content, which is displayed, downloaded, uploaded and/or transmitted, through Client’s account and/or equipment. Content includes without limitation, home pages, web pages, domain names, e-mail, stored data and any other data stored and/or transmitted through Client’s account and/or equipment.
O’Mara IT does not monitor on-line content; nevertheless, O’Mara IT may suspend Service in order to remove content that O’Mara IT deems to be in violation of this AUP. The AUP applies to e-mail, USENET postings, chatting, and browsing. In the event O’Mara IT is notified of the existence of child pornography being transmitted over Services provided by O’Mara IT, O’Mara IT may immediately suspend Service without liability.
In the event O’Mara IT is notified of a violation of the Digital Millennium Copyright Act (“DMCA”), O’Mara IT shall forward such complaint to Client. Client shall abide by the “takedown and notice” procedures set forth in the DMCA. Client expressly indemnifies, defends and holds O’Mara IT harmless from any costs, liabilities, and/or damages resulting from Client’s failure to abide by the DMCA and this AUP. O’Mara IT may, in its sole discretion, disable and/or terminate the accounts of users as a result of DMCA violation notices.
Unauthorized attempts by Client to gain access to any account or computer resource not belonging to that Client (e.g., “cracking”) is prohibited. Customer must not:
(a) engage in any activity that may damage, interfere with, surreptitiously intercept and/or use any system, program and/or data, including by using viruses, Trojan horses, worms, time bombs, and/or any other malicious code;
(b) seek or attempt to seek access to, test the vulnerability of, breach the security of or wrongly challenge the authenticator of, any system, software, data or network without prior written consent of O’Mara IT or the relevant person;
(c) forge or use deceptive headers and/or other identifiers and/or markers that identify the sender, origin, routing and/or authenticity of any message, system, software, data and/or network;
(d) connect to any user, any system, software, data and/or network without the prior written consent of O’Mara IT or the relevant person, including: (i) using monitoring and/or crawling technology to impair and/or disrupt any host, system, software, data and/or network; (ii) conducting a denial of service attack and/or otherwise interfering with any host, system, software data and/or network (e.g. mail bombing, flooding etc.); (iii) operating network servers like open proxies, open mail relays, and/or opening recursive domain name servers; and/or (iv) using manual and/or electronic means to circumvent use limitations, such as access and storage rights.
Client shall not obtain or attempt to obtain service by any means and/or device with intent to avoid payment. Client shall not advertise, transmit, and/or otherwise make available any software, program, product, and/or service that violates this AUP or the acceptable use policy of any other Internet service provider, which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, and/or denial of service attacks.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any of O’Mara IT’s clients or end-users by any means and/or device is prohibited.
Client shall not engage in any activities that harass, and/or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the network provided by O’Mara IT or on another provider’s network. Client shall not use the Service to interfere with the use of the network provided by O’Mara IT by other clients and/or authorized users.
Violation of this AUP may result in the termination and/or suspension of the Services provided by O’Mara IT. O’Mara IT reserves the right to determine what activities are appropriate activities while using O’Mara IT’s Services. O’Mara IT will not issue a credit for any interruption of service that occurs as a result of a violation of this AUP.
If Client violates any provision of this AUP, O’Mara IT reserves the right to immediately suspend the Service. In most cases, O’Mara IT will attempt to notify Client of any AUP violations and may request that Client immediately cease such prohibited activity. However, in cases where the integrity of the Services provided by O’Mara IT are threatened, where Client violates the AUP of a O’Mara IT’s third party service provider, or in cases involving request from law enforcement or governmental agencies or court orders, O’Mara IT reserves the right to suspend or terminate Client’s Service without notification and without liability. In addition, O’Mara IT may take any other appropriate action, legal or otherwise, against Client for violations of the AUP, including termination of the agreement with Client and/or any statement(s) of work entered into by the parties.
Client Responsibility for Client’s Users
The Client is responsible for the activities of its users and, by accepting Services from O’Mara IT, is agreeing to ensure that its clients/representatives or end-users abide by this AUP. Complaints about clients/representatives or end-users of Client will be forwarded to Client for action. If violations of this AUP occur, O’Mara IT reserves the right to terminate services with or take action to stop Client from violating this AUP as O’Mara IT deems appropriate in its sole and absolute discretion, without notice and without liability.