LAST UPDATED: September 6, 2016
This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of Media Motion Online’s network and systems (the “Media Motion Online Network”) and all of Media Motion Online’s services, software and products, such as for example, Media Motion Online services (“Media Motion Online Services” and, together with the Media Motion Online Network, the “Media Motion Online Network and Services”) by our customers, resellers and other users of the Media Motion Online Network and Services, whether or not they are charged for such use (each, a “Customer”). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Media Motion Online to be inappropriate, improper or harmful to Media Motion Online’s reputation or any of the Media Motion Online Network and Services, and therefore prohibited when using the Media Motion Online Network and Services. The guidelines and restrictions in this AUP on use of the Media Motion Online Network and Services by a Customer shall apply equally to the Customer’s employees and any other person or entity that is provided access to any of the Media Motion Online Network and Services directly or indirectly by the Customer (“Users”). By using the Media Motion Online Network and Services, Customer acknowledges that Customer has read, understood and agrees to comply with the terms of this AUP. Customer shall (i) ensure that its Users comply with this AUP and (ii) be responsible for violations of this AUP by Customer or its Users.
Customer must use the Media Motion Online Network and Services only in a manner consistent with the permitted use of such Media Motion Online Network and Services. Unless otherwise expressly permitted in writing by Media Motion Online, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party that is not its representatives or employees to any of the Media Motion Online Network and Services, or use any of the Media Motion Online Network and Services with or for the benefit of any third party (other than Internet end users). Customer may only use the Media Motion Online Network and Services for lawful purposes and in accordance with this AUP.
Responsibility for Content
Media Motion Online takes no responsibility for any Customer or User content created, accessible or delivered on or through the Media Motion Online Network and Services. Media Motion Online does not monitor or exercise any editorial control over such content. Customer is solely responsible for (i) any content published or made available through the Media Motion Online Network and Services by Customer and its Users and (ii) compliance with all laws applicable to the publication and distribution of such content. Customer shall be solely responsible for maintaining a copy of its content.
Inappropriate and Illegal Content
Customer shall not use the Media Motion Online Network and Services to transmit, distribute or store material that is inappropriate (such as online gambling), as reasonably determined by Media Motion Online, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or inconsistent with the generally accepted practices of the Internet community. Customer shall ensure that its and its Users’ use of the Media Motion Online Network and Services, and all content transmitted, distributed or stored on the Media Motion Online Network, do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. Customer shall not use the Media Motion Online Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Media Motion Online Network and Services, any other network or equipment, or other Users.
Customer shall not use the Media Motion Online Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If Customer uses a domain name in connection with its use of the Media Motion Online Network and Services, such domain name must not violate any trademark, service mark, or other rights of any third party.
Customer shall not use the Media Motion Online Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
Email and Spam
Customer shall not use the Media Motion Online Network and Services to send unsolicited e-mail messages or postings, including, without limitation, bulk commercial advertising or informational announcements (“Spam”). In addition, Customer shall not use the Media Motion Online Network and Services to (a) send e-mail messages or postings which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages or postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail messages or postings with forged header information, or (d) send malicious e-mail messages or postings, including, without limitation, “mailbombing.” Media Motion Online reserves the right to charge Customer at Media Motion Online’s standard rates for time required to handle any complaints that Customer or User violate this Email and Spam section.
Customer is prohibited from violating or attempting to violate the security of the Media Motion Online Network and Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such Customer is not authorized to access, (b) impersonating Media Motion Online personnel or engaging in any other pretexting, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mailbombing,” “denial of service” attacks, or “crashing,” (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another party’s account name or persona without authorization from that party. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Media Motion Online Services. Violations of system or network security may result in civil or criminal liability.
Media Motion Online Rights and Remedies
If Customer becomes aware of any content or activity that violates this AUP, Customer shall take all necessary action to prevent such content from being routed to, passed through, or stored on the Media Motion Online Network. To the extent Media Motion Online becomes aware of any content or activities that Media Motion Online deems, in its sole discretion, to be in violation of this AUP, Media Motion Online may immediately block access to such content, suspend or terminate any affected Media Motion Online Services, or take any other actions Media Motion Online deems appropriate. Media Motion Online may determine in its sole discretion if any content or action violates this AUP. Media Motion Online reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm any of the Media Motion Online Network and Services or Media Motion Online Customers and Users. Media Motion Online also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that Media Motion Online deems responsible for the wrongdoing. Media Motion Online will endeavor to provide notice to Customer prior to suspension or termination of Media Motion Online Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on Media Motion Online. Media Motion Online shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Media Motion Online’s exercise of its rights under this AUP. Customer agrees (1) to indemnify Media Motion Online for any and all damages, claims, suits, costs or expenses asserted against or incurred by Media Motion Online related to or in connection with a violation of this AUP by Customer or its Users, and (2) that any termination of Customer and/or any Users use or access to any of the Media Motion Online Network and Services and/or any agreement between Customer and Media Motion Online as a consequence of a violation of this AUP, as determined by Media Motion Online, shall constitute a waiver of any rights of reimbursement or refund by Customer of any unused or unallocated fees, payments, charges or other payments collected by, or paid to, Media Motion Online and that all sums that may become due to Media Motion Online under such agreement shall become immediately due and payable to Media Motion Online on notice to the Customer.
Media Motion Online reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.Media Motion Online.com. Any use of the Media Motion Online Network and Services after such modification shall constitute acceptance of such modification.