Acceptable Use Policy

1. General

MyDowntown Mobile® (a trademark of Gruskin Architecture + Design, P.C.) provides hosted services (“Services”). MyDowntown Mobile has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Services and the network, systems, and facilities of MyDowntown Mobile and its providers (collectively, the “Infrastructure”) by our clients, our clients’ customers, members or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. MyDowntown Mobile reserves the right to change this AUP from time to time, and will notify Users by posting a revised copy of the AUP on the MyDowntown Mobile website. By using or accessing the MyDowntown Mobile Services or Infrastructure, Users agree to be bound by the terms of this AUP.

2. Acceptable Use

Users shall not use the MyDowntown Mobile Services or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP or the terms of any applicable agreement with MyDowntown Mobile; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other MyDowntown Mobile clients. Users shall cooperate with MyDowntown Mobile in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure.

  1. Spamming — Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A User shall not use another site’s mail server to relay mail without the express permission of the site. In addition, maintaining an open SMTP relay is prohibited.

  2. 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. Engaging in activity that violates privacy, publicity or other personal rights of others.

  3. Obscene Materials — Using MyDowntown Mobile’s or its provider’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene material. MyDowntown Mobile is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the Infrastructure.

  4. Defamatory or Abusive Language — Using the Infrastructure as a means to transmit or post defamatory, harassing, abusive, or threatening language.

  5. 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”). In addition, 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).
  6. Denial of Service Attacks — MyDowntown Mobile and its providers reserve the right to null-route any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to neighboring clients and/or their customers.

  7. 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. In addition, activities that disrupt the use of or interfere with the ability of other MyDowntown Mobile customers to effectively use the network or any connected network, system, service, or equipment.

  8. Export Control Violations — Exporting encryption software over the Internet or otherwise in violation of US Law.

  9. 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, mail bombing, denial of service attacks, and piracy of software.

  10. Usenet Groups — MyDowntown Mobile and its providers reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

  11. 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. The responsibility for avoiding illegal or harmful activities rests with the customer and its users.

  12. MyDowntown Mobile does not monitor the communications of its customers to ensure that they comply with the Acceptable Use Policy or applicable law. MyDowntown Mobile may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. MyDowntown Mobile reserves the right to monitor electronic messages sent or received by its customers if required by law, governmental authority, subpoena, summons, discovery request, warrant, statute, regulation or when public safety is at stake. MyDowntown Mobile will inform the client that client information has been provided except in those cases where they may be prohibited by law from giving such notice. MyDowntown Mobile, upon notice to the client, may disclose client information or information transmitted over its network, where necessary, to protect MyDowntown Mobile and others from harm, or where such disclosure is necessary to the proper operation of the system.

  13. MyDowntown Mobile expects that its clients, who provide Internet services to others, will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate the Acceptable Use Policy.

Rights & Remedies

MyDowntown Mobile has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that MyDowntown Mobile becomes aware that any such material may violate this AUP and/or expose MyDowntown Mobile to civil or criminal liability, MyDowntown Mobile reserves the right to investigate such material, block access to such material, and suspend or terminate any Services without liability. MyDowntown Mobile further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that MyDowntown Mobile believes is responsible for such violation. MyDowntown Mobile also reserves the right to implement technical mechanisms to prevent AUP violations.