CYBERPINE WIRELESS NETWORKS
Acceptable Use Policy (AUP)
ALL CUSTOMERS SHOULD READ THIS DOCUMENT AND REFER TO IT REGULARLY. YOU AS THE CUSTOMER ARE RESPONSIBLE FOR STRICT ADHERENCE TO THE POLICIES BELOW AND YOUR ACCOUNT WILL BE DISABLED WITHOUT WARNING IF CYBERPINE WIRELESS NETWORKS BELIEVES THAT YOU HAVE VIOLATED ANY POLICY HEREIN.
CyberPine Wireless Networks and its affiliates provide information technology services to business, institutional, governmental, and residential users including but not limited to Internet Access, Electronic Mail (E-Mail) services, shared and dedicated hosting on the World Wide Web, voice and data services, and other Digital Communications-related services (each, a " service").
This document sets forth an Acceptable Use Policy ("Policy") with the intent of protecting Cyberpine’s network, customers, and other users of the Internet from potentially abusive actions taken by CyberPine customers. This Policy is non-exclusive and although it endeavors to identify major requirements; any action about which there is doubt should be referred to CyberPine by contacting [email protected] In any part of the Policy, the terms "end user", "user", "you", "customer", and "client" are meant to refer to the purchaser of CyberPine services as listed on the service contract, all of its affiliates, successors, and assigns, and any entity other than the subscriber who either with or without permission utilizes the User's account.
CyberPine considers the practices detailed in this Policy to constitute abuse of CyberPine’s service and a material and substantial breach of Contract signed between Customer and CyberPine that will result in immediate and un-remediable default by Customer per the Terms and Conditions of Service. Violations of any portion of this AUP may result in complete termination of User's service and/or access to CyberPine's services without warning or refund.
In addition, CyberPine reserves the right to implement any and all technical mechanisms to block the account holder's privileges to engage in such practices.
Nothing contained in this Policy shall be construed to limit CyberPine's actions or remedies in any way with respect to any of the foregoing activities. CyberPine reserves the right to take any and all actions it may deem appropriate with respect to such activities including without limitation taking action to recover the costs and expenses of identifying offenders and levying cancellation charges to cover CyberPine's costs in the event of disconnection of service or any other action deemed reasonable. CyberPine reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
CyberPine has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on CyberPine's systems or network, nor can CyberPine ensure prompt removal of any such communications or content after transmission or posting. Accordingly, CyberPine does not assume any liability whatsoever to subscribers or others for any failure to enforce the terms of this Policy.
CyberPine enforces this Policy with respect to CyberPine customers only and only for those customers in relation to services that they purchase from CyberPine or that utilize the CyberPine network in any way. CyberPine is not responsible for abusive actions, which originate from other sites or networks on the Internet.
CyberPine reserves the right to take action on abuse, which is not specifically named in the Policy at the sole discretion of CyberPine. Use of CyberPine service constitutes understanding and agreement to all terms and conditions of the AUP without limitation. CyberPine reserves the right to modify the Policy at any time.
Statement of Responsibility
The Customer who contracted for the Service is solely responsible for all access and actions taken in regard to the Service. It is the account holder's responsibility to safeguard any passwords and to ensure that the Policy is honored. You as the customer agree to protect your user Ids and passwords and pay for any and all activity associated with them. You as the signer of the account will be held responsible for any violations of this Policy and any additional costs or expenses incurred herein. You hereby irrevocably agree that you are responsible and accept full liability for the actions of anybody who┬ uses your service or your account with or without your permission.
Any violation of the Policy effected or participated in (whether actual or attempted and whether directly or indirectly) by a third party on behalf of or otherwise for the benefit of a CyberPine customer or any customer or end user of a CyberPine customer will be considered a violation of the Policy engaged in by the CyberPine customer.
CyberPine service may only be used for lawful purposes. Transmission, distribution or storage of any material in direct or indirect violation of any applicable local, state, or federal law, regulation or statute such as libel, slander, invasion of privacy, threatening bodily harm or property damage to individuals or groups and harassment is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, makes fraudulent offers of products, items or services, or violates export control laws. CyberPine services will not be utilized in any way to produce, receive, transport, possess, or distribute by any means Child Pornography or any material that endangers children, as defined in the sole discretion of CyberPine and/or appropriate legal and enforcement authorities of competent jurisdiction.
Systems and Network Security
Violation of system or network security is prohibited and may result in criminal and civil liability. CyberPine will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a┬ criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach or circumvent security or authentication measures without the express┬ authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or syste without express authorization of the owner of the system or network.
- Use of Service (willfully or negligently) in a manner that encumbers disk space, processors, bandwidth, or other system or network resources so as to interfere with or degrade Service to any user, host, or network including, without limitation, mail bombing, denial of service attacks, installation of "auto-responders," "cancel-bots," or similar automated or manual routines, transmission of worms, viruses and other malicious codes, web page defacement, port or network scanning, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
- Attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage or using a personal account for high volume or commercial use.
- Engaging in any of the activities prohibited in the Policy by using another provider's service but channeling the activity through a CyberPine account, re-mailer, or otherwise through the Service.
- Falsifying user information provided to CyberPine or to other Service users.
- Revealing your account password or other information related to the Service or allowing use of your Service by unauthorized agents.
- Violating generally accepted standards of the Internet.
Violations of email usage are prohibited. Examples of email usage violations include but are not limited to the following:
- Sending unsolicited mail messages of any nature, including without limitation commercial advertising, informational announcements and messages with a negative option for continuation from a CyberPine email address or, by directly or indirectly using the Service of CyberPine for such purposes or in any way implicating CyberPine service.
- Using another site's mail server to relay mail without the express permission of the site.
- Sending a large number of email messages, or singularly large email messages, to a single address.
- Transmitting messages that contain, in part or whole, invalid or non-existent domain names or other means of deceptive addressing or which employ similar techniques to hide or obscure the source of the email using or implicating the Service.
- Creating or participating in pyramid schemes or chain letters.
- Engaging in the illegal export of software or encryption or violating current regulations of any kind.
- Sending harassing email by language, size, frequency or any other form deemed to be harassing at CyberPine's sole discretion. This includes sending email (or real time) messages to a person who has asked explicitly that you not do so.
- Maintaining a mailbox exceeding the space quota for that Service.
Violations of Usenet usage are prohibited. Examples of Usenet violations include but are not limited to the following:
- Posting the same or similar message to one or more newsgroups, forums, mailing lists, or other similar groups or lists (excessive cross-posting or multiple posting, also known as "SPAM")
- Attempting to cancel, supersede, or otherwise interfere with Usenet posts other than one's own.
- Posting articles, which are "off-topic" or violate the named charter or other published FAQ or description of a list or specific newsgroup.
- Publishing someone's real-world data (such as phone number, address, social security number, photograph, etc.) in such a way as to cause the person trouble or incite others to do so.
- Forging Usenet header information to obscure the true originator of the message.
- Disrupting any newsgroup with frivolous, excessively vulgar, or┬ repetitious postings.
- Posting fraudulent, dangerous, misrepresentative, or malicious information of any kind.
- Posting binary or excessively large, unrelated text files to non-binary news groups.
Violations of website usage are prohibited. Examples of website usage violations include but are not limited to the following:
- Distribution of pornographic or otherwise indecent or offending materials.
- Distribution of restricted software or materials in violation of copyrights or distribution licenses.
- Maintaining a website exceeding the space quota for that service.
- Any other violation that might be listed elsewhere in the AUP or operating a website that encourages others to engage in similar activities in violation of their AUPs.
CyberPine provides domain name service for web page customers. Keeping registry information updated and accurate is the responsibility of the domain holder and not of CyberPine. Violations of domain name usage include but are not limited to the following:
- Falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts.