This ACCEPTABLE USE POLICY (“Policy
” or “AUP
”) is formulated by NETWORK INNOVATIONS to encourage the responsible use of our networks, systems, portals, products, services and web sites (collectively, the “Network Innovations Services
”) by our customers and other users of the Network Innovations Services (collectively, the “Users
”), and to enable us to provide Users with secure, reliable and productive services. This Policy outlines the acceptable use of Network Innovations Services.
By using the Network Innovations Services, Users consent to be bound by the terms of this AUP. Accordingly, the use of Network Innovations Services constitutes acceptance of and agreement to this AUP. NETWORK INNOVATIONS reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Network Innovations Services after such modification shall constitute acceptance of such modification. Users are expected to check this page from time to time to take notice of any changes NETWORK INNOVATIONS may make, as the AUP is legally binding.
The Service Providers, Dealers and Agents of NETWORK INNOVATIONS are responsible for the activities of their customers or end-users and by accepting services from NETWORK INNOVATIONS, agree to ensure that their customers or end-users abide by this AUP.
This AUP ensures the responsible use of the Network Innovations Services; preserves the privacy and security of NETWORK INNOVATIONS and its customers; and seeks to avoid practices which degrade the usability of the Network Innovations Services. The AUP protects the image and reputation of NETWORK INNOVATIONS as a responsible service provider by addressing security, reliability, and the privacy of the Network Innovations Services.
Accordingly, to ensure high quality performance and service experience for all Users, NETWORK INNOVATIONS reserves the right to actively monitor usage statistics of Users of Network Innovations Services and take proactive measures to regulate the use of Network Innovations Services on an ongoing basis.
The provisions of this AUP are intended as guidelines and are not meant to be exhaustive.
1. Prohibited Activities
- ) Infractions relating to security breaches and ‘denial of service’ attacks are prohibited, and include without limitation:
- Any “denial of service” attack, any attempt to breach authentication or security measures, any release of a malware including but not limited viruses, spyware, worms, Trojans, adware, backdoors, bots or web crawlers, or any unauthorized attempt to gain access to any other account, host or network;
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment;
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Users of NETWORK INNOVATIONS’ by any means or device.
- ) Infractions related to E-mail and Usenet News are prohibited, and include without limitation:
- Using any NETWORK INNOVATIONS IP address to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail (for example, by maintaining a spamvertised Web site).
- NETWORK INNOVATIONS reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are “unsolicited.” A complaint from the recipient is presumptive evidence that the message was unsolicited. NETWORK INNOVATIONS has no obligation to refer complaints to the sender or to identify complaining parties.
- Conduct that directly or indirectly encourages, permits, or relies on spamming including failure to implement technical or administrative measures to prevent mass unsolicited e-mail, or providing spam “support services” such as e-mail drop boxes or sales of spamware.
Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.
- Harassment or illegal activity and conduct in connection with e-mail, Usenet news, or any other Network Innovations Service that is an obvious nuisance (such as “mail bombing” or falsifying authorship) or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, distribution or possession of child pornography, or software piracy) is prohibited.
- Maintaining an open mail relay and thus inviting senders of mass unsolicited commercial e-mail to exploit the server by using it for spamming.
- Falsifying addressing information or otherwise modifying headers to conceal the sender’s or recipient’s identity, for the purpose of circumventing this AUP.
This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
- Publishing a private e-mail message to third parties, by any means, without the express prior consent of the author.
- ) Use of the Network Innovations Services for the following activities:
- Access peer-to-peer file sharing or use any peer-to-peer networking technology or services (if applicable as set forth in a Service Agreement)
- Access unauthorized or un-optimized VoIP services
- Undertake or accomplish any unlawful purpose. This includes, but is not limited to transmitting or disseminating information, data, or material that (i) is unlawful, harassing, libelous, defamatory, profane, abusive, threatening, harmful, vulgar, obscene, indecent or sexually explicit; (ii) infringes the intellectual property rights or the contractual, proprietary or fiduciary rights of others (unless with the express written permission of the owners of such rights); (iii) violates or is invasive of the privacy or publicity rights of others; (iv) constitutes or encourages conduct that would constitute a criminal offense or would otherwise violate any applicable local, state, national or international law, including without limitation the U.S. export control laws and regulations; or (v) unreasonably interferes with NETWORK INNOVATIONS’ or any underlying carrier’s network or system or the use of such system by other users
- Generate and transmit abnormal or excessive amounts of data or messaging traffic, regardless of application or service type, or excessive voice usage, including without limitation always-on or open connections, as determined solely by NETWORK INNOVATIONS
- General activities that would or could be expected to, under standard engineering practice, to disrupt, degrade, harm or interfere with the Network Innovations Services in a manner that restricts or inhibits the ability of other users to use or enjoy the Network Innovations Services
- ) General conduct that violates law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, is prohibited.
Engaging in any of the foregoing Prohibit Activities by using the service of another provider, by channeling such activities through any of NETWORK INNOVATIONS’ IP addresses as a mail drop for responses or otherwise by using the services of another provider for the purpose of facilitating any of the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect the Network Innovations Services shall be deemed a violation of this AUP.
NETWORK INNOVATIONS reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Complaints about usage will be reviewed by NETWORK INNOVATIONS for action. NETWORK INNOVATIONS also reserves the right to investigate suspected violations of this Policy.
Enforcement of this AUP is at NETWORK INNOVATIONS’ sole discretion and applies to violations incurred at any level regardless or the origination of abuse or violation.
If violations of this AUP occur, NETWORK INNOVATIONS reserves the right to take such action as it deems necessary to protect the integrity of its network and services resolve any violation, including but not limited to immediately suspending, limiting or terminating User’s access to the Network Innovations Services without notice, as well as conducting regular system monitoring, port scanning and shutting down of ports affected by viruses, worms or other malicious code, investigating suspected violations of this AUP, instituting action to recover the costs and expenses of identifying offenders and terminating their access to and use of the Network Innovations Service, and levying cancellation charges to cover NETWORK INNOVATIONS’ costs in the event of termination of access to the Network Innovations Services.
If NETWORK INNOVATIONS terminates services, the Users or affected parties shall receive no compensation for lost usage of Network Innovations Services.
Nothing contained in this Policy shall be construed to limit NETWORK INNOVATIONS’ rights or remedies available at law or in equity.