provides a general understanding of AcupoftheNet.com policy on the Acceptable
Use of the AcupoftheNet.com Internet access service (the "Service"). It is
designed to help protect our Service, our customers, and the Internet community,
from irresponsible or illegal activities. We hope and expect that common sense
and good judgment will guide all of our subscribers' Internet activities. These
guidelines point out generally accepted practices on a range of topics and the
general AcupoftheNet.com Internet Service approach to these areas.
contributing factors to decisions and actions taken on Acceptable Use Policy
violations include but are not limited to protection of our customers and our
resources, provision of quality service to our customers, compliance with
applicable law, and the protection of our reputation as a service provider.
AcupoftheNet.com Internet account is involved in a violation of these policies,
we reserve the right to suspend or terminate Service without notice. Our
preferred course of action would be to advise the account owner of the
inappropriate behavior and any corrective action that may be necessary. However,
repeated or flagrant violations of these policies may result in immediate
termination of Service.
In the event
that an account is deactivated or canceled as a result of any activities
proscribed by these policies, the account may be subject to set-up fees,
reactivation charges and/or deposit requirements to be determined by
AcupoftheNet.com if such account is permitted to be re-activated or
re-established. Users whose accounts have been canceled for misuse or violation
of the Service Agreement or these policies are not entitled to re-register for
the Service without express written approval from AcupoftheNet.com outside the
normal flow of the registration process. Any further registrations for the
Service by or for the user whose account has been terminated for such activities
may be rejected or the new account(s) may be terminated upon discovery, and such
further registration or use may subject the user to additional account set-up,
analysis, monthly usage and/or termination charges for each such registration in
amounts to be determined by AcupoftheNet.com.
may take such action as it deems appropriate against any subscriber or account
user for violations of the Service Agreement or of these policies. However,
there is no promise or obligation on our part to monitor or police any such
activity and AcupoftheNet.com will have no liability to any party for any other
party's violation of these policies or the Service Agreement.
You may not
attempt to send Electronic Mail or USENET News articles using a name and address
of someone other than yourself. Attempting to impersonate any person, using
forged headers or other identifying information, is prohibited. Attempts to do
so that are discovered by AcupoftheNet.com or reported by other parties may be
reported to the proper authority immediately, and may result in the offending
account being terminated immediately. The use of anonymous re-mailers and
nicknames, by themselves, does not necessarily constitute impersonation if it is
not being done with the intention of misleading the recipient or another party
into believing that you are some other specifically identifiable user or person
other than yourself.
adversely affect the ability of other people or systems to use AcupoftheNet.com
Services or the Internet is prohibited.
uses - non-payment
accounts on unlimited usage plans with anyone other than immediate family
members, or re-selling Service without express written consent from
AcupoftheNet.com, or offering any public information service using such
accounts, such as running a web server or FTP server, is prohibited. Subscribers
may not provide public or commercial information over such dial connections.
AcupoftheNet.com does offer dedicated connection services for such purposes.
Untimely payment of any and all amounts due may result in account cancellation.
bandwidth or disk utilization
AcupoftheNet.com account, service or feature descriptions specify limits on
bandwidth and/or disk utilization, use in excess of those limits is not
permitted without an appropriate change in account type or status and may incur
additional charges for such usage. Bandwidth and disk utilization will be
computed or determined by AcupoftheNet.com from time to time in developing its
product and service offerings. In addition, sessions on dial-up accounts which
exceed a reasonable time may be terminated in order to protect network resources
and preserve Service availability for other users. In the event AcupoftheNet.com
determines that an account is exceeding the relevant bandwidth or disk
utilization, or frequently exceeding reasonable sessions times for dial-up
accounts, the account owner will generally be notified by e-mail. If the excess
use continues after such notification, the owner may be requested to upgrade the
account's Service agreement or to modify the activity creating the excess use,
or the account may be terminated.
bandwidth, disk space utilization or dial-up session length is determined to
adversely affect AcupoftheNet.com's ability to provide service, immediate action
may be taken. The account owner may be notified by e-mail as soon as practicable
sessions that use the AcupoftheNet.com Service are subject to idle timeouts. An
account session may be determined to be idle if there appears to be no
interactive, human generated data received from the remote user's computer
system within a prescribed amount of time.
Data that is
generated on a user's computer system automatically, either by an automated
program, script, automatic re-dialers or any other software device, is
considered automated data. Automated data of any kind is not considered
interactive use of the AcupoftheNet.com Service, and as such, may be disregarded
in determining idle timeouts.
"unlimited usage" or "unlimited access" plans for dial users may make reasonable
use of the Service without a specific limit on hours used and without paying
more based on hourly usage. These plans are not intended to provide full-time
connections, however, and the Service may be disconnected after a significant
period of inactivity or after sessions of excessive length. Subscribers should
keep the connection open only when actively using it, and may not use any
automatic method to avoid inactivity disconnect. Intentional use of automated
data methods to avoid idle timeouts on dial-up accounts is prohibited and
grounds for account termination at AcupoftheNet.com's sole discretion. This
includes the use of automatic redialers to reinstate an idle connection.
accounts cannot be transferred or used by anyone other than the subscriber and
members of the subscriber's immediate family. Account sharing (other than among
immediate family members) is strictly prohibited. No more than one login session
can be active at a time on a subscriber's dial-up account. Accounts which have
been transferred to other parties, or which show other activity in violation of
this condition, may be terminated without notice.
and System Interference
not attempt to interfere with or compromise the operation of the
AcupoftheNet.com network in whole or part, to interfere with any of the
equipment comprising the system, or to access other accounts or restricted areas
of the system.
not use AcupoftheNet.com's systems in a manner that adversely affects the
availability of its resources to other AcupoftheNet.com customers.
only use those AcupoftheNet.com Service online and computing facilities and
Service areas which have been authorized for subscriber use. If access is
protected by a password, subscribers are not to make this password available to
others or use the password(s) of others to gain access to such areas.
Subscribers may not attempt to find out the password of another user, nor aid
such attempt by any other person.
use AcupoftheNet.com Service online and computing facilities and Service areas
only for authorized purposes.
not attempt to interfere with the proper or intended operation of any computing
not attempt to subvert -- or aid others to subvert -- the security of any
not interfere with use by any other authorized user, nor compromise the
confidentiality of AcupoftheNet.com's or any other party's internal business
practices or records.
whether successful or not, to gain access to any computer system or customer's
data without consent is prohibited.
It may be
necessary for AcupoftheNet.com employees or representatives to examine system
operational and accounting logs and other records to resolve Service-related
problems. AcupoftheNet.com reserves the right to access an account's mailbox or
other features to resolve problems or mail system errors.
AcupoftheNet.com will cooperate with the appropriate legal authorities or other
parties in investigating claims of illegal activity, including but not limited
to illegal transfer or use of copyrighted material, postings or e-mail
containing threats of violence, or other illegal activity.
makes no guarantee and assumes no liability for the security of any data on any
server including those designated as "secure servers."
system can be completely protected or should be considered 100% safe from
intrusion. E-mail and other data transmissions over the Internet may pass
through many computer systems, and should not be considered a secure means of
communication unless encrypted. Even then, such information is only as secure as
the encryption method used.
does not generally monitor the activity of accounts except to measure system
utilization and accumulate billing records. However, in our efforts to protect
the integrity of our Service and fulfill any responsibility we may have as good
citizens within the Internet community, if we become aware of inappropriate use
of the AcupoftheNet.com Service we may respond accordingly.
does not intend to censor the content of any newsgroups or other communications
passing through its systems. We believe such choices should generally be left to
the individual subscriber. Software tools are available to screen a subscriber
account's access to newsgroups and Web sites that might be considered offensive.
It is the subscriber's responsibility to make use of such tools if desired.
postings and other e-mail messages sent via AcupoftheNet.com and the Internet
are communications between the senders and consenting receivers thereof, and
AcupoftheNet.com has neither the authority nor the responsibility to regulate
their content. The views and comments expressed by AcupoftheNet.com subscribers
or other senders of such postings or messages are solely those of their authors
and do not reflect any review, approval or endorsement by AcupoftheNet.com.
AcupoftheNet.com will, however, attempt to assist subscribers who continually
receive e-mail they deem to be objectionable and/or unsolicited e-mail and who
notify AcupoftheNet.com of the problem.
and all other Services provided to AcupoftheNet.com subscribers may be used for
lawful purposes only, and use by a subscriber of the AcupoftheNet.com Service
for the transmission or storage of any information, data, or material in
violation of any federal or state regulation or law (including, but not limited
to, material protected by copyright, trade secrets, and information that is
confidential as a matter of law) is strictly prohibited. The subscriber may not
use the AcupoftheNet.com Service to transmit or store any information, data, or
material that is threatening, libelous, or obscene.
It is assumed
that, unless otherwise specified by the sender, all data distributed on the
Internet by the sender is intended to remain the intellectual property of the
sender or the party who furnished such data to the sender, and each subscriber
transmitting any such data (or making it available for download or other
transmissions) is assumed to warrant that he or she has full ownership rights or
appropriate licenses to the reports, documents, photographs, graphic images,
audio files, video files and other data placed on the subscriber's personal web
pages or otherwise transmitted. AcupoftheNet.com subscribers are solely
responsible for any actions which may be necessary to protect ownership rights
in such data. Subscribers acknowledge that AcupoftheNet.com has no control over
the individuals using the Internet and that AcupoftheNet.com expressly does not
warrant that any individuals might not make copies of or otherwise infringe upon
the subscriber's information as distributed on the Internet.
should be aware of the law of copyright as it affects computer software and
other information or materials available or accessible on the Internet. A formal
copyright notice need not be in evidence for legal copyright protection to be in
As a general
rule, the subscriber is the copyright owner of any file which that subscriber
solely creates for his or her own exclusive use. Any other file is copyright
either by its creator, by commercial vendors, or by other individual users, and
it is generally illegal for the subscriber to reproduce such file in any part or
in any form, except by permission of the copyright owner or under an appropriate
Ownership of any
software developed or modified by AcupoftheNet.com and all graphics, text or
other information or content materials supplied or furnished by AcupoftheNet.com
as part of the AcupoftheNet.com Service or for incorporation into a subscriber's
personal Web page in connection with the Service shall remain with
AcupoftheNet.com (or the party which supplied such materials to
falsifying the source or origin of software or other material contained in a
file that a subscriber has uploaded is prohibited.
receiving or downloading a file that cannot be legally distributed is
prohibited, even though a file may have been mailed or posted notwithstanding
receive announcements from time to time from the AcupoftheNet.com Service via
e-mail regarding various aspects of the Service, including without limitation
notices of feature upgrades or changes, Service-affecting issues or events,
special offers for Service users from AcupoftheNet.com distribution partners or
other parties, etc.
unsolicited e-mail by Service users is prohibited.
AcupoftheNet.com e-mail address to collect responses from unsolicited commercial
e-mail is prohibited.
unsolicited e-mail advertising a service or web site, newsgroup, etc. located or
hosted within the AcupoftheNet.com domain space or address space, or service
otherwise associated with AcupoftheNet.com is prohibited regardless of e-mail
point of origin.
volumes of unsolicited e-mail to a single user, or group of users, commercial or
otherwise, by Service users is prohibited.
outrageously threatening or harassing e-mail (for example, making terroristic
threats, or threatening physical injury or damage to persons or property),
especially after being requested to stop, is prohibited. However, not every
"flame" message or angry exchange of e-mail can automatically be considered
harassment. AcupoftheNet.com is not responsible for the content or tone of any
e-mail or other transmissions of the subscribers to its Service or other parties
using the Internet, and subscribers or others should not expect that
AcupoftheNet.com will attempt to mediate or otherwise become involved in any
particular disagreement or dispute between Internet users. However,
AcupoftheNet.com will cooperate with appropriate law enforcement agencies
involved in investigating instances that may be reported to such authorities by
subscribers or other users who believe they are being subjected to potentially
Subscribers also may not engage
in the following activities while using the AcupoftheNet.com service:
Intercepting, redirecting or otherwise interfering or attempting to
interfere with e-mail intended for other parties;
sending files that contain copyrighted, commercial software or other
material protected by intellectual property laws (or by rights of privacy or
publicity) unless the user owns or controls the rights thereto or has
received all necessary consents;
maliciously transmitting files that contain a virus or corrupted data;
deleting any author attributions, legal notices or proprietary designations
or labels in a file that the user mails or sends;
posting, distributing or disseminating defamatory, infringing, obscene or
other unlawful material or information;
AcupoftheNet.com Service or systems to threaten, harass, stalk, abuse, or
otherwise violate the legal rights (including rights of privacy and
publicity) of others;
cross-posting, or posting the same article to several newsgroups, is prohibited.
Generally accepted standards allow no more than 6 newsgroups, or cross-postings,
for a single article or substantially similar articles. Articles posted in
violation of these policies may be canceled.
inappropriate newsgroup postings
is no restriction on content or postings, except as defined by each newsgroup.
Posting binaries to non-binary newsgroups is not allowed. Posting of off-topic
articles is prohibited. Please note that commercial advertisements are off-topic
in the vast majority of newsgroups.
Violation of any
accepted policies on IRC servers and the use of IRC bots is prohibited. If
AcupoftheNet.com is banned or threatened with being banned or restricted from a
server, the offending account may be terminated.
behavior as determined by AcupoftheNet.com to be unacceptable. This includes any
behavior deemed unacceptable by other ISPs, in violation of generally acceptable
"Netiquette" practices, behavior which causes AcupoftheNet.com to be viewed
unfavorably by others, or other behavior which may cause AcupoftheNet.com to be
adversely affected via e-mail or news blocking, or which may cause
AcupoftheNet.com to appear on detrimental lists for spamming, etc.
reserves the right to modify its Acceptable Use Policies at any time at its
discretion. Such changes, or notice thereof, will generally be posted online on
the Service or otherwise electronically transmitted to users over the Service. A
subscriber's use of the Service after such posting or other notice shall
constitute acceptance of such policies by the subscriber.