Acceptable
Use Policy
As
a provider of Internet access, web site hosting, and
other Internet-related services, Aeroconnect offers
its customers (also known as subscribers and/or users),
and their customers and users, the means to acquire
and disseminate a wealth of public, private, commercial,
and non-commercial information.
Aeroconnect
respects that the Internet provides a forum for free
and open discussion and dissemination of information,
however, when there are competing interests at issue,
Aeroconnect reserves the right to take certain preventative
or corrective actions.
In order to protect these competing interests, Aeroconnect
has developed an Acceptable Use Policy ("AUP"), which
constitutes subscribers/customers/users, suscriber's
customers and/or users rights and obligations when utilizing
Aeroconnect's services and constitutes a part of every
agreement (whether oral, written, express and/or implied)
entered into between Aeroconnect and any person and/or
entity for use of Interconnnect's services of any kind
or nature.
Use
of any kind of Aeroconnect's services and/or network
constitutes acceptance and agreement to abide by this
Acceptable Use Policy. The Acceptable Use Policy is
intended as a guide to the subscriber/customer/user.
This AUP will be revised from time to time. A subscriber/customer/user's
use of Aeroconnect's services after changes to the AUP
are posted on Aeroconnect's web site, www.Aeroconnect.net,
will constitute the subscriber/customer/user's acceptance
of any new or additional terms of the AUP that result
from those changes.
One
important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of
the Internet's openness and value, but it also places
a high premium on the judgment and responsibility of
those who use the Internet, both in the information
they acquire and in the information they disseminate
to others. When subscribers/customers/users obtain information
through the Internet, they must keep in mind that Aeroconnect
cannot monitor, verify, warrant, or vouch for the accuracy
and quality of the information that subscribers may
acquire. For this reason, the subscriber/customer/user
must exercise his or her best judgment in relying on
information obtained from the Internet, and also should
be aware that some material posted to the Internet is
sexually explicit or otherwise offensive.
Because
Aeroconnect cannot monitor or censor the Internet, subscriber/customer/user
agrees that Aeroconnect is not responsible for injury
to its subscribers/customers/users that results from
inaccurate, unsuitable, offensive, or illegal Internet
communications.
When
subscribers/customers/users disseminate information
through the Internet, they also must keep in mind that
Aeroconnect does not review, edit, censor, or take responsibility
for any information its subscribers/customers/users
may create.
When
subscribers/ customers/ users place information on the
Internet, they have the same liability as other authors
for copyright infringement, defamation, and other harmful
speech. Also, because the information they create is
carried over Aeroconnect's network and may reach a large
number of people, including both subscribers and nonsubscribers
of Aeroconnect, subscribers'/customers'/users' postings
to the Internet may affect other subscribers/customers/users
and may harm Aeroconnect's goodwill, business reputation,
and operations. For these reasons, subscribers/customers/users
violate Aeroconnect policy and the service agreement
when they, their customers, affiliates, or subsidiaries
engage in the following prohibited activities:
Spamming
--Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming") is prohibited.
It is not only harmful because of its negative impact
on consumer attitudes toward Aeroconnect, but also because
it can overload Aeroconnect's network and disrupt service
to Aeroconnect subscribers. Also, maintaining an open
SMTP relay is prohibited. When a complaint is received,
Aeroconnect has the discretion to determine from all
of the evidence whether the email recipients were from
an "opt-in" email list. Aeroconnect also has the discretion
to warn, suspend and/or terminate the violating user's
access to the internet through Aeroconnect's equipment.
Intellectual
Property Violations -- Engaging in any activity that
infringes or misappropriates the intellectual property
rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity,
or other personal rights of others. Aeroconnect is required
by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement.
It is also Aeroconnect's policy to terminate the privileges
of customers who commit repeat violations of copyright
laws.
Obscene
Speech or Materials -- Using Aeroconnect's network to
advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or
material. Aeroconnect is required by law to notify law
enforcement agencies when it becomes aware of the presence
of child pornography on or being transmitted through
Aeroconnect's network.
Defamatory
or Abusive Language -- Using Aeroconnect's network as
a means to transmit or post defamatory, harassing, abusive,
or threatening language.
Forging
of Headers -- Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator
of the message.
Illegal
or Unauthorized Access to Other Computers or Networks
-- Accessing illegally or without authorization computers,
accounts, or networks belonging to another party, or
attempting to penetrate security measures of another
individual's system (often known as "hacking"). Also,
any activity that might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth
scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses,
or Other Destructive Activities -- Distributing information
regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mailbombing,
or denial of service attacks. Also, activities that
disrupt the use of or interfere with the ability of
others to effectively use the network or any connected
network, system, service, or equipment.
Facilitating
a Violation of this AUP -- Advertising, transmitting,
or otherwise making available any software, program,
product, or service that is designed to violate this
AUP, which includes the facilitation of the means to
spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export
Control Violations -- Exporting encryption software
over the Internet or otherwise, to points outside the
United States.
Usenet Groups -- Aeroconnect reserves the right not
to accept postings from newsgroups where we have actual
knowledge that the content of the newsgroup violates
the AUP.
Other
Illegal and/or Unlawful Activities -- Engaging in activities
that violate any statute, law, rule, regulation and/or
ordinance with jurisdiction over Aeroconnect and/or
the user whether criminal or civil and/or acts of ommission
and/or commission which are determined to be illegal,
unlawful or violative of any statute, law, rule, regulation
and/or ordinance including but not limited to advertising,
transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards,
pirating software, engaging in negligent and/or fradulent
activities.
Other
Activities -- Engaging in activities, whether lawful
or unlawful, that Aeroconnect determines to be harmful
to its subscribers, operations, reputation, goodwill,
or customer relations.
As
we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily
with the subscriber/customer/user. Aeroconnect will
not, as an ordinary practice, monitor the communications
of its subscribers/customers/users to ensure that they
comply with Aeroconnect policy or applicable law. When
Aeroconnect becomes aware of harmful activities, however,
it may take any action to stop the harmful activity,
including but not limited to, removing information,
shutting down a web site, implementing screening software
designed to block offending transmissions, denying access
to the Internet, or take any other action it deems appropriate.
Aeroconnect
also is aware that many of its subscribers/customers
are, themselves, providers of Internet services, and
that information reaching Aeroconnect's facilities from
those subscribers/customers may have originated from
a customer/user of the subscriber/customer or from another
third-party. Aeroconnect does not require its subscribers/customers
who offer Internet services to monitor or censor transmissions
or web sites created by customers of its subscribers.
Aeroconnect has the right to directly take action against
a customer of a subscriber/customer. Also, Aeroconnect
may take action against the Aeroconnect subscriber/customer
because of activities of a customer of the subscriber/customer,
even though the action may effect other customers of
the subscriber/customer. Similarly, Aeroconnect requires
subscribers/customers who offer Internet services to
cooperate with Aeroconnect in any corrective or preventive
action that Aeroconnect deems necessary. Failure to
cooperate with such corrective or preventive measures
is a violation of Aeroconnect policy.
Aeroconnect
also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more
nor less secure than other means of communication, including
mail, facsimile, and voice telephone service, all of
which can be intercepted and otherwise compromised.
As a matter of prudence, however, Aeroconnect urges
its subscribers/customers/users to assume that all of
their on-line communications are insecure. Aeroconnect
cannot take any responsibility and is not liable for
the security of information transmitted over Aeroconnect's
facilities.
Aeroconnect will not intentionally monitor private electronic
mail messages sent or received by its subscribers unless
required and/or requested to do so by law, law enforcement
governmental authority, or when public safety is at
stake. Aeroconnect may, however, monitor its service
electronically to determine that its facilities are
operating satisfactorily. Also, Aeroconnect may disclose
information, including but not limited to, information
concerning a subscriber, a transmission made using our
network, or a web site, in order to comply with a court
order, subpoena, summons, discovery request, warrant,
statute, regulation, law enforcement or governmental
request. Aeroconnect assumes no obligation to inform
the subscriber/customer/user that subscriber/customer/user
information has been provided and in some cases may
be prohibited by law from giving such notice. Finally,
Aeroconnect may disclose subscriber/customer/user information
or information transmitted over its network where necessary
to protect Aeroconnect and others from harm, or where
such disclosure is necessary to the proper operation
of the system.
Aeroconnect
expects that its subscribers/customers who provide Internet
services to others will comply fully with all applicable
laws concerning the privacy of on-line communications.
A subscriber's/customer's failure to comply with those
laws will violate Aeroconnect policy. Finally, Aeroconnect
wishes to emphasize that in subscribing to and/or use
of Aeroconnect's services, subscribers/customers and/or
users agree to indemnify Aeroconnect for any violation
of the service agreement, law, or Aeroconnect policy,
that results in loss to Aeroconnect or the bringing
of any claim against Aeroconnect by any third-party.
This means that if Aeroconnect is sued because of a
user, subscriber's/customer's or customer of a subscriber's/customer's
activity, the user, subscriber, and/or customer of a
subscriber/customer will pay any damages awarded against
Aeroconnect, plus costs and reasonable attorneys' fees.
We
hope this AUP is helpful in clarifying the obligations
of Internet users, including Aeroconnect and its subscribers,
as responsible members of the Internet. Any information
regarding violations and/or alleged violations this
AUP should be sent to abuse@aeroconnect.net.
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