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Power
of Messaging ® is a registered trademark of One Globe Operator.
Power
of Messaging respects the fact that the Internet provides a forum for free and
open discussion
and dissemination of information, however, when there are competing
interests at issue, Power of Messaging reserves the right to take certain
preventative or corrective actions. In order to protect these competing
interests, Power of Messaging has developed this policy, 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 utilizing
Power of Messaging's services.
This
policy will be revised from time to time. A customer's use of Power of
Messaging's services after changes to the policy posted on Power of Messaging's
website,
http://www.powerofmessaging.com will
constitute the customer's acceptance of any new or additional terms of the
policy resulting from such potential changes.
One
important aspect of the Internet is that no single 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 Power of Messaging 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. Moreover, subscribers should be aware
that some material posted on the Internet is sexually explicit or otherwise
offensive. Because Power of Messaging cannot monitor or censor the Internet,
and will not attempt to do so, Power of Messaging cannot accept any
responsibility for loss, damage or 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 Power of Messaging 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 Power of Messaging's network and may
reach a large number of people, including both subscribers and non subscribers
of Power of Messaging, subscribers' postings on the Internet may affect other
subscribers and may harm Power of Messaging's goodwill, business reputation,
and operations.
For
these reasons, subscribers are considered to be violating Power of Messaging
policy and the service agreement when they, their customers, affiliates, or
subsidiaries engage in prohibited activities when using the following
services:
Personal
SMS
-- this is a service that allows any subscriber to send text messages
worldwide, therefore Power of Messaging is not responsible in any way of the
content of the messages (sms).
Bulk
SMS
-- Our corporate subscribers have the possibility to send bulk sms to their
customers, as announcements or even advertisements. Power of Messaging is not
responsible of the content of these messages and is not responsible of the
recipients list.
Message
Delivery
-- Power of Messaging will not be liable if the SMS does not reach its
destination. Hence, you will not be exempted from the cost of the SMS, which
are sent to unreachable destinations.
E-commerce
–- This site has anti-fraud safeguards in place and will pursue prosecution for
all fraudulent orders.Furthermore,
subscribers are considered to be violating Power of Messaging 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 Power of Messaging, but also because it can overload
Power of Messaging's network and disrupt service to Power of Messaging
subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, Power of Messaging has the discretion to determine from
all of the evidence whether the email recipients were from an "opt-in" e-mail
list.
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 is prohibited. Power of Messaging is
required by law to remove or block access to customer content upon receipt of a
proper notice of copyright infringement. It is also Power of Messaging's policy
to terminate the privileges of customers who commit repeat violations of
copyright laws.
Obscene Speech or Materials
-- Using Power of Messaging's network to advertise, transmit, store, post,
display, or otherwise make available pornography or obscene speech or
material.
Furthermore, Power of Messaging is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on or being
transmitted through Power of Messaging's network.
Defamatory or Abusive Language
-- Using Power of Messaging's network as a means to transmit or post
defamatory, harassing, abusive, or threatening language is prohibited.
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) will be
considered as illegal.
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.
Facilitating a Violation of this Policy
-- Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this policy, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks, and piracy of
software.
Usenet
Groups
-- Power of Messaging reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates this
policy.
Other Illegal Activities
-- Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available pansy schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
Other
Activities
-- Engaging in activities, whether lawful or unlawful, that Power of Messaging
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. Power of Messaging will
not, as an ordinary practice, monitor the communications of its
subscribers to ensure that they comply with Power of Messaging policy or
applicable law. When Power of Messaging 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 website, implementing
screening software designed to block offending transmissions, denying access to
the Internet, or take any other action it deems appropriate.
Power
of Messaging also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching Power of
Messaging's facilities from those subscribers may have originated from a
customer of the subscriber or from another third-party. Power of Messaging does
not require its subscribers who offer Internet services to monitor or censor
transmissions or websites created by customers of its subscribers. Power of
Messaging has the right to directly take action against a customer of a
subscriber. Also, Power of Messaging may take action against the Power of
Messaging subscriber because of activities of a customer of the subscriber,
even though the action may affect other customers of the subscriber. Similarly,
Power of Messaging anticipates that subscribers who offer Internet services
will cooperate with Power of Messaging in any corrective or preventive action
that Power of Messaging deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of Power of Messaging
policy.
Power
of Messaging also is concerned with the privacy of on-line communications and
websites. 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, Power of Messaging urges its subscribers to assume that all
of their on-line communications are insecure. Power of Messaging cannot take
any responsibility for the security of information transmitted over Power of
Messaging's facilities.
Power
of Messaging 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. Power of Messaging
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, Power of Messaging may disclose
information, including but not limited to, information concerning a subscriber,
a transmission made using our network, or a website, in order to comply with a
court order, subpoena, summons, discovery request, warrant, statute,
regulation, or governmental request. Power of Messaging 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, Power of
Messaging may disclose subscriber information or information transmitted over
its network where necessary to protect Power of Messaging and others from harm,
or where such disclosure is necessary to the proper operation of the
system.
Power of Messaging 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 Power of Messaging's policy. Finally, Power of Messaging wishes to
emphasize that by accessing our services, subscribers indemnify Power of
Messaging for any violation of the service agreement, law, or Power of
Messaging's policy that results in loss to Power of Messaging or in the
bringing of any claim against Power of Messaging by any third-party. This means
that if Power of Messaging is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against
Power of Messaging, plus the costs and reasonable attorneys' fees.
We hope this policy is helpful in clarifying the obligations of Internet users,
including Power of Messaging and its subscribers, as responsible members of the
Internet. Any complaints about a subscriber's violation of this policy should
be sent to
info@oneglobeoperator.com
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