A) USA COMPANIES, LLC, AND ITS SUBSIDIARIES (.ISP.) HAVE ADOPTED THIS ACCEPTABLE USE POLICY, WHICH IS INTENTED TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO ENSURE THE INTEGRITY OF USE OF THE SERVICES PROVIDED BY THE .ISP.. THIS AGREEMENT IS BETWEEN THE .ISP. AND YOU, THE (.CONSUMER..) ALL USERS OF SERVICES PROVIDED BY THE .ISP. ARE REQUIRED TO ADHERE TO THIS POLICY. THIS POLICY IS INTENDED TO COVER, BUT IS NOT LIMITED TO E-MAIL, HIGH-SPEED OR DIAL-UP INTERNET SERVICES. USE OF THESE SERVICES INDICATES .CONSUMER. AGREEMENT TO THE POLICIES SET HEREIN. THE .ISP,. AT ITS SOLE DISCRETION, RESERVES THE RIGHT TO IMMEDIATELY TERMINATE SERVICES PROVIDED TO THE .CONSUMER. IF THIS POLICY IS VIOLATED IN PART OR IN WHOLE BY EITHER THE .CONSUMER. OR OTHERS PARTIES ALLOWED BY THE .CONSUMER. TO USE THE SERVICES PROVIDE BY THE .ISP.. FURTHERMORE, THE .ISP. RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY MATERIAL OR INFORMATION WHICH VIOLATES THIS POLICY FOR ANY REASON, AND WITHOUT NOTICE TO THE .CONSUMER...
B) SERVICE RESTRICTIONS
1.NO COMMERCIAL USE OR RESELLING
Services provided by the .ISP. are designed for normal residential Internet activities, such as web browsing, e-mail, news, chat, etc. The .CONSUMER. agrees they will not use, nor allow others to use services provided by the .ISP. to operate any type of commercial enterprise and furthermore will not redistribute services provided by the .ISP. to any other entity (individual or otherwise) whether for free or for profit. If the .CONSUMER. wishes to resell services provided by the .ISP,. they may contact the .ISP. to determine whether an external agreement can be made to condone such activity.
b. If .CONSUMER. wishes to use .ISP. services for commercial purposes, .ISP. can provide a package rate in these instances. If .CONSUMER. is unsure of their status, or would like to change their status, they must contact customer service at email@example.com
2. NO ILLEGAL OR FRAUDULENT USE
The .CONSUMER. agrees not to use the services provided by the .ISP. to violate any applicable federal, state, local or international laws. Furthermore, the .CONSUMER. agrees not to use services provided by the .ISP. to plan to or commit a crime or fraud, or to encourage or help others to commit a crime or fraud, including but not limited to engaging in a pyramid scheme, a ponzi scheme or sending chain letters.
3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
The .CONSUMER. agrees not to use the services provided by the .ISP. to send or receive any information that infringes upon the patents, trademarks, copyrights, trade secrets, or proprietary rights of any other person or entity. This includes, but is not limited to illegal digitization and/or distribution of music, movies, photographs or other copyrighted materials or software. USA Companies LLC and its subsidiaries are registered under the Digital Millennium Copyright Act of 1998 and will cooperate with law enforcement agencies concerning investigations regarding copyright or trademark infringement.
4. NO THREATS OR HARASSMENT
The .CONSUMER. agrees not to use the services provided by the .ISP. to transmit any material that threatens or encourages bodily harm, destruction of property or which harasses, abuses, defames, or invades the privacy of any other person or entity.
5. NO HARM TO MINORS
The .CONSUMER. agrees not to use the services provided by the .ISP. to harm or attempt to harm a minor, including but not limited to using the services to distribute pornographic, obscene, or profane materials.
6. NO UNSOLICITED COMMERCIAL/BULK E-MAIL (SPAMMING)
The .CONSUMER. agrees not to use the services provided by the .ISP. to send unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation (.SPAMMING,.) whether the intent is to solicit or to annoy the recipient. The .ISP. reserves the right, in its sole discretion, to determine whether such posting or transmission constitutes an annoyance, advertisement, promotional material, or any other form of solicitation.
7. NO UNAUTHORIZED ACCESS (CRACKING)
The .CONSUMER. agrees not to use the services provided by the .ISP. to access the accounts of others or to attempt to penetrate security measures of the .ISP. or of any other entity to computer systems without authorization, or to cause a disruption in service to other on-line users. Furthermore, the .CONSUMER. agrees not to use tools designed for compromising network security, such as password guessing programs, cracking tools, packet-sniffers, or network probing tools to gain or attempt to gain unauthorized access to the aforementioned systems.
8. NO SYSTEM DISRUPTION
The .CONSUMER. agrees not to use the services provided by the .ISP. to disrupt either the network or equipment owned by the .ISP. or equipment owned by other customers of the .ISP.. Furthermore, the .CONSUMER. agrees not to use the services provided by the .ISP. to disrupt other Internet Service Providers, including but not limited to e-mail bombing or the use of mass-mailing programs.
9. NO IMPERSONATION OR FORGERY
The .CONSUMER. agrees not to use the services provided by the .ISP. to impersonate another user, falsify one.s user name, age, or identity in e-mail or in any post or transmission to any newsgroup or mailing list or similar groups or lists. This includes but is not limited to the gathering of personal information on a third party without the consent of the party that could be used to impersonate or commit forgery. Furthermore, the .CONSUMER. agrees not to forge any message header of any electronic transmission, originating or passing through the network owned by the .ISP..
10. NO ABUSE OF NEWSGROUPS
The .CONSUMER. agrees not to post a similar item to more than three (3) newsgroups or mailing lists. Furthermore, the .CONSUMER. agrees not to post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.
11. NO EXCESSIVE USE OF BANDWIDTH
If the .ISP,. at its sole discretion, determines the .CONSUMER. is using an excessive amount of bandwidth, or using the service in a manner that is uncharacteristic of standard residential Internet usage, the .ISP. may terminate services provided to the .CONSUMER. at any time without notice, or require the .CONSUMER. to upgrade service levels and pay additional fees in accordance with our Pricing Schedules to ensure continued availability of the services provided.
12. NO .VIRUSES.
The .CONSUMER. agrees not to use services provided by the .ISP. to intentionally transmit computer .viruses., .worms., .Trojan horses. or other harmful software programs and that the .CONSUMER. will use best efforts to prevent unintentional transmission of such viruses or other harmful software through the Internet or networks provided by the .ISP..
C) REPORTING VIOLATIONS OF THIS ACCEPTABLE USE POLICY
The .ISP. requests any party who believes a violation of this Acceptable Use Policy has occurred to direct the relevant information to our Technical Support Department via e-mail at the address abuse@usa-companies
D) REVISIONS TO POLICY
The .ISP. reserves the right to revise, amend, or modify this Acceptable Use Policy, the Internet Service Agreement, and other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet service.
Acceptable Use Policy, Version 20060112A