Acceptable Use Policy of Internet
Services
Access Point, Inc. is at all times committed to complying with
the laws and regulations governing use of the Internet, e-mail transmission
and text messaging and preserving for all of its Customers the ability
to use the Internet without interference or harassment from other
users. This Acceptable Use Policy of Internet Services (the “AUPIS
Policy”) is designed to help achieve these goals.
By using IP Service(s), as defined below, Customer agrees to comply
with this AUPIS Policy and to be responsible for its Users. Access
Point, Inc. reserves the right to change or modify the terms of
this AUPIS Policy at any time, effective when published herein and
posted on Access Point, Inc.’s web site at www.accesspointinc.com/aupis.
Customer's use of the IP Service(s) after any changes to this AUPIS
Policy are published shall constitute acceptance of any changed
or additional terms.
Access Point, Inc., at its sole discretion, may determine whether
a User is in violation of this AUPIS Policy. As specified below,
any Prohibited Use, Illegal Use, Abusive usage and/or other use
of the Services in any manner that interferes with other Users’
satisfaction with, or enjoyment of, the Services is unacceptable.
In the event that you believe that you have been a recipient of
a prohibited, abusive or illegal use of the Services, please contact
customerservice@accesspointinc.com.
Scope of the Policy: The AUPIS Policy applies to the Access Point,
Inc. services that provide (or include) access to the Internet,
including hosting services (software applications and hardware),
or are provided over the Internet or wireless data networks (collectively
"IP Services").
I. Prohibited Activities
1. General Prohibitions: Access Point, Inc. prohibits
use of the IP Services in any way that is unlawful, harmful to or
interferes with use of Access Point, Inc. network or systems, or
the network of any other provider, interferes with the use or enjoyment
of services received by others, infringes intellectual property
rights, results in the publication of threatening or offensive material,
or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation
of privacy.
Failure to adhere to the rules, guidelines or agreements applicable
to search engines, subscription Web services, chat areas, bulletin
boards, Web pages, USENET, applications, or other services that
are accessed via a link from the Access Point, Inc.-branded website
or from a website that contains Access Point, Inc.-branded content
is a violation of this AUPIS Policy.
2. Specific Illegal Uses Prohibited. The Services
may only be used for lawful purposes and may not be used for any
illegal use or any use that may result in civil or criminal liability.
Unlawful uses include, without limitation, effecting or participating
in any of the following activities via the Services provided by
API:
(i) storing, posting or transmitting unlawful materials,
e-mail or information;
(ii) storing, posting or transmitting harassing, threatening
or abusive materials, e-mail or information;
(iii) storing, posting or transmitting defamatory, libelous,
slanderous or scandalous materials, email or information;
(iv) storing, posting or transmitting obscene, pornographic,
profane or otherwise objectionable information of any kind;
(v) storing, posting or transmitting materials, e-mail or
information that would constitute an infringement upon the
patents, copyrights, trademarks, trade secrets or other intellectual
property rights of others;
(vi) storing, posting or transmitting materials constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local,
state, national or international law, including without limitation
the U.S. export control laws and regulations;
(vii) storing, posting or transmitting materials that would
give rise to liability under the Computer Fraud and Abuse
Act;
(viii) storing, collecting, posting or transmitting credit
card, debit card, electronic funds transfer numbers or other
similar types of data for either a fraudulent or illegal purpose,
or in a manner that would permit others to use such data for
a fraudulent or illegal purpose; and
(ix) collecting, without adequate security and a legitimate
purpose (as determined by Access Point, Inc.), any of the
following: (a) information from Users under the age of sixteen
(16) without consent from such Users’ parents or legal
guardians; (b) User’s personal health information or
personal financial information without informed consent from
such User; or (c) other personal information without the advising
the User.
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3. Abusive Use Prohibited. The Services may not
be used for abusive purposes, as determined by Access Point, Inc.
Abusive purposes include, without limitation, effecting or participating
in any of the following activities via the Services provided by
Access Point, Inc:
(i) posting five (5) or more messages similar in content
to Usenet or other newsgroups, listservs, forums, e-mail mailing
lists or other similar groups or lists;
(ii) posting to any Usenet or other newsgroups, listservs,
forums, e-mailing lists or other similar groups or lists articles,
which are off-topic according to the charter or other owner-published
FAQ’s, rules, or policies or descriptions of the group
or list;
(iii) sending unsolicited e-mailings (including, without
limitation, commercial advertising and informational announcements)
to more than five (5) e-mail addresses within a forty-eight
(48) hour period, if such unsolicited e-mailings could reasonably
be expected to or do in fact provoke complaints;
(iv) falsifying User information provided to Access Point,
Inc. or to other Users of the Services; and
(v) engaging in any of the foregoing activities by using
the services of another provider, but channeling such activities
through an account provided by Access Point, Inc., re-mailer,
or otherwise through the Services or using an account provided
by Access Point, Inc. as a mail drop for responses or otherwise
using the services of another provider for the purpose of
facilitating the foregoing activities if such use of another
party’s service could reasonably be expected to adversely
affect the provider of Services or its supplier.
(vi) operating a server in connection with the Services in
an “open relay” configuration (a configuration
whereby a mail server processes email messages where neither
the sender nor the recipient is a local user). Servers configured
in this manner expose both Access Point, Inc.’s network
and the User’s personal account to fraudulent and abusive
use by third parties. User hereby acknowledges and agrees
that it will not operate servers with in an open relay configuration.
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If a User requires assistance in determining the configuration
of the User’s server and/or instructions to secure a server
the User may contact: customerservice@accesspointinc.com
4. Interfering With Other Users Prohibited. No
User shall interfere with any other person’s use of the Services
or the Internet by effecting or participating in any of the following
activities via the Services provided by Access Point, Inc.:
(i) restricting or inhibiting any other User or any other
person from using and enjoying Services and/or the Internet;
(ii) posting or transmitting any information or software
that contains a virus worm, cancelbot or other harmful component;
(iii) without permission from the owner of a system or network,
doing any of the following: (a) accessing the system or network,
(b) monitoring data or traffic, (c) probing, scanning, testing
firewalls, (d) testing the vulnerability of a system or network
or (e) breaching the security or authentication routines of
a system or network;
(iv) conducting or forwarding surveys, contests, pyramid
schemes, charity requests or chain letters;
(v) relaying e-mail in an anonymous fashion or forging any
TCP-IP packet header; or
(vi) mailbombing, flooding, overloading, attacking or otherwise
interfering with a system or network.
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II. Remedies. Violation of this Policy may result
in civil or criminal liability, and Access Point, Inc. may, in addition
to any remedy that it may have at law or in equity, terminate permission
for the User to use the Services and charge User any applicable
cancellation or termination fee. In addition, Access Point, Inc.
may investigate incidents that are contrary to this Policy and provide
requested information to third parties who have provided notice
to Access Point, Inc. stating that they have been harmed by a User’s
failure to abide by this Policy or the policies listed above. Access
Point, Inc.'s failure to enforce this policy in every instance in
which it might have application does not amount to a waiver of Access
Point, Inc.'s rights.
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