Revision date: January 1, 2007
Broken Eggs Media LLC has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Broken Eggs Media LLC' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controlsit. This fact accounts for much of the Internet's openness and value,but it also places a high premium on the judgment and responsibility ofthose who use it, both in the information they acquire and in the information they disseminate to others. When users obtain information through the Internet, they must keep in mind that Broken Eggs Media LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the user 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 may be sexually explicit or otherwise offensive. Because Broken Eggs Media LLC cannot monitor or censor the Internet, and will not attempt to do so, Broken Eggs Media LLC cannot accept any responsibility for injury to its users resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When users disseminate information from the Internet, they must keep in mind that Broken Eggs Media LLC does not review, edit, censor or take responsibility for any information its users 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 created is carried over Broken Eggs Media LLC' network and may reach a large number of people, including both users and non-users of Broken Eggs Media LLC, users' postings to the Internet may affect other users and may affect Broken Eggs Media LLC' goodwill, business, reputation or operations. For these reasons, users violate Broken Eggs Media LLC policy and the Service Agreement when they, their users, affiliates or subsidiaries engage in the following prohibited activities:
Adult-Oriented Content:
Broken Eggs Media LLC does not allow adult content and will suspend/terminate any offending account.
Obscene Speech or Materials:
Using Broken Eggs Media LLC' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Broken Eggs Media LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Broken Eggs Media LLC' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
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 may 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, mail bombing 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.
Facilitation 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, mail bombing, 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.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, 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 Broken Eggs Media LLC determines to be harmful to its users, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the user. Broken Eggs Media LLC will not, as an ordinary practice, monitor the communications of its users to ensure that the comply with Broken Eggs Media LLC' policy or applicable law. However, when Broken Eggs Media LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, or any other action deemed appropriate by Broken Eggs Media LLC.
A user's failure to comply with those laws will violate Broken Eggs Media LLC policy. This means that, if Broken Eggs Media LLC is sued because of a user's or customer of a user's activity,
the userwill be responsible for payment of any damages awarded against Broken Eggs Media LLC, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Broken Eggs Media LLC and its users, as responsible members of the Internet. Any complaints about a user's violation of this AUP should be sent to
\n contact@brokeneggsmedia.com.
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