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ACCESS THE NET ACCEPTABLE USE POLICY 1. INTRODUCTION. The intent of Access the Net’s Acceptable Use Policy (AUP) is improving the use of Access the Net's services, including but not limited to VTISP.com Service, by proactively preventing unacceptable use. All Access the Net customers and customers of Access the Net customers or any downstream customers including visitors of customers using Access the Net services must comply with this AUP.In consideration of providing Internet connection services, Access the Net shall charge to the customers a periodic fee as stated in this agreement. As a user of VTISP.com Services, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of Access the Net. It is understood that information on the Internet may be unedited, uncensored, and offensive to you. You access such information at your own risk. Access the Net does not censor or exercise editorial control over content on the Internet including any web sites, email, news groups, or anything that can be accessed through our Services. We do reserve the right to remove anything that in our sole discretion violates this AUP, is illegal or may subject Access the Net to potential liability. Access the Net may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in suspension or termination of your account without notice. Access the Net reserves the right to refuse service to anyone. 2. VIOLATIONS OF ACCESS THE NET’S ACCEPTABLE USE POLICY. The following are violations of Access the Net’s AUP: Illegal Use: As a user of VTISP.com Services, you agree not to use the Service in a manner that violates any local, state or federal law. Harm to others: Using the Services to harm others, including but not limited to minors. Threats and Harassment: You agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts. Fraudulent Activity: Using the Service to make or participate in fraudulent activity including financial scams. Unsolicited Broadcast Email and Unsolicited Commercial Email (SPAM): Please see Section 3 of this AUP. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed. Copyright or Trademark Infringement: Using the Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party. Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Usenet: Access the Net customers should follow the terms of the Acceptable Use Policy provided by our third party news provider and are subject to all terms and conditions. Unauthorized access: Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Access the Net's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Reselling the Service: Reselling the Service without Access the Net’s authorization. Network disruptions and unfriendly activity: Using the Service for any activity which adversely affects the ability of other people or systems to use Access the Net's services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Hosted and Personal Websites: Web space may be provided for personal and business customers of Access the Net. Content of those sites must conform to local, state and federal ordinances. Access the Net reserves the right to remove content that is pornographic, deemed to be offensive, or violates trademark or copyright laws, at its sole discretion. Access the Net does not provide training or technical support for Web site development. 3. UNSOLICITED BROADCAST EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM). Access the Net has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (UBE/UCE), commonly known as "Spam", whether originating from customers, from customers' customers, or from customers that provide services which are used to support spam. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam, is prohibited. What does Access the Net consider spam: Access the Net defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions. Access the Net’s customers, and customers of Access the Net’s customers or any downstream customers, are prohibited from sending and shall not allow their connection to Access the Net to be used for sending spam. Access the Net customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Access the Net’s customers will be held responsible for all traffic either sent via their connection to Access the Net or sent elsewhere using Internet services provided via their connection to Access the Net. "Internet services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services. Reporting of spam activity and possible repercussions: Access the Net may block traffic to and from the IP address involved in the spam complaint (i.e. suspend the account) until Access the Net is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If Access the Net receives repeat complaints indicating that a problem has not been resolved, Access the Net may suspend or cancel the offender's account, at their sole discretion. Access the Net may charge customer and customer shall pay $1000.00 per valid spam complaint of which Access the Net is notified. Access the Net also reserves the right to block traffic to and from the IP address(es) involved in hacking, and/or port scanning or other malicious activity. In addition, from time to time, Access the Net blocks third party IP addresses that Access the Net believes are used for the distribution of spam or are designated as open relays. Any blocking of such IP addresses shall prevent Access the Net customers from sending or receiving traffic to and from such IP addresses. Access the Net also reserves the right to cancel an account of a known or alleged spammer without any notice at their sole discretion. Receipt of Spam: Access the Net does not accept unsolicited commercial email as defined by California Business and Professions Code Section 17538.45. Access the Net defines "spam mail" as any email addressed to a person with whom the sender does not have a prior relationship, sent without the express consent of the recipient. California has several laws regarding spam email that apply not only to Access the Net members, but also to anyone using Access the Net to deliver mail. (including delivering mail to a Access the Net address) One of these laws provides for a $50/spam up to a $25,000 penalty/day for spamming, defining spam in the following manner: "It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship" and "It is not sent at the request of or with the express consent of the recipient." These laws may be found at http://www.spamlaws.com/state/ca.shtml. We reserve the right to press charges under the appropriate laws in addition to the charges we impose upon a user who has violated this acceptable use policy. 4. REPORTING VIOLATIONS OF ACCESS THE NET’S AUP. Access the Net requests that anyone who believes that there is a violation of this AUP direct the information to our abuse department at: abuse@accnet.com If available, please provide the following information: The IP address used to commit the alleged violation and evidence of the alleged violation. Spam email should be forwarded as attachments to ensure that all header information is included. Access the Net will take action to ensure that complaints are addressed in an appropriate manner which may include: Suspension of the offenders account. Termination of the offenders account. Suspension of specific services including but not limited to mail, newsgroup, personal web space usage, port blocking and Internet connectivity. 5. REVISIONS TO THIS AUP. Access the Net reserves the right to revise, amend, or modify this AUP, our Terms of Service Agreement and our other policies and agreements at any time without notice.
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