Noize Communications, LLC: Acceptable Use Policy
Noize Communications, LLC. (”NoizeNet”) has implemented this Acceptable Use Policy (“AUP”) in order to enhance the use of the Internet and Noize Communications services (the “Services”) by preventing unacceptable use. Noize Communications, LLC supports the free flow of information over the internet and does not actively monitor use of the Services under normal usage circumstances. The intent of the AUP is to protect our Services, our subscribers, and the Internet community, from inappropriate, illegal or otherwise objectionable activities. NoizeNet may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Any violation of this AUP may result in the suspension or termination of your access to the Services and/or your NoizeNet account. Please read this policy prior to accessing the Services. All users of the Services must abide by this AUP. This AUP should be read in conjunction with our Service Order Form, Standard Terms and Conditions, and any other applicable policies.
By using the Services, you agree to abide by, and require others using the Services via your account to abide by the terms of this AUP. This AUP is subject to change at NoizeNet’s discretion with or without notification, so please check it regularly for any updates or changes. YOUR USAGE OF THE SERVICES SHALL CONSTITUTE AN AGREEMENT TO BE BOUND BY THIS AUP.
1. Prohibited Activities. 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 NoizeNet:
+ Conducting, participating in, or otherwise facilitating pyramid or other illegal soliciting schemes;
+ Taking part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature;
+ Invading another person’s privacy, stalking, harassing, or otherwise violating the rights of others;
+ Posting, transmitting, or disseminating content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, or is otherwise offensive or objectionable;
+ Restricting, inhibiting, or otherwise interfering with the ability of any other person to use or enjoy the Services, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, or other harmful feature;
+ Storing, posting, or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
+ Unlawfully Collecting or storing personal data about other users;
+ Storing, Collecting, posting or transmitting credit card, debit card, ETF numbers or any similar types of data for either a fraudulent or illegal purpose;
+ Using an IP address not assigned to you;
+ Collecting, without adequate security and a legitimate purpose (as determined by Noize Communications, LLC) any of the following: (1) information from minors (under age 18) without consent from such user’s parents or legal guardians, (2) user personal health information or personal financial information without informed consent from such user, or (3) other personal information without advising the user;
+ Reselling or redistributing the Services to any third party via any means including but not limited to wireless technology, unless authorized to do so by NoizeNet as part of a NoizeNet authorized reseller program;
+ Violating any other NoizeNet policy or guideline.
2. Harm to Minors. You may not use the Services to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.
3. Intellectual Property Infringement. You may not use the Services to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. NoizeNet assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
4. User Content. You are solely responsible for any information that is transmitted from your IP address or your account on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. NoizeNet reserves the right to refuse to post or to remove any information or materials from the Services, in whole or in part, that it, in NoizeNet’s sole discretion, deems to be illegal, offensive, indecent, or otherwise objectionable.
5. Misuse of Services. You are responsible for any misuse of the Services that occurs through your account or IP address. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Services.
6. Hacking/Attempted Unauthorized Access. You may not use the Services to breach or attempt to breach the security of another user or attempt to gain access to any organization or person’s computer, software, or data without the knowledge and consent of such person. The equipment and the Services may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is prohibited.
7. Security. You are solely responsible for the security of any device connected to the Services, including any data stored on that device. NoizeNet recommends that you take appropriate security precautions for any systems connected to the Services. You are responsible for securing any wireless (Wi-Fi) or wired networks connected to your NoizeNet Services.
8. Disruption of Services. You may not disrupt the Services in any manner. You shall not interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to “crash” a host.
9. Viruses, Trojan Horses, Worms and Denial of Service Attacks. Software or other content downloaded from the Services may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, spambot, worm or other harmful program or that generates levels of traffic sufficient to impede others’ ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features. We may suspend your Services if we detect a harmful program in order to allow you to take measures to stop the harmful program.
10. Electronic Mail. You may not use the Services to send bulk, or unsolicited (“spam”) email messages. Any unsolicited email, originating from any source, must not direct recipients to any website that is part of our Services, such as personal web pages, or other resources that are part of the Services. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violate this Policy or the acceptable use policy of any other Internet service provider. In addition, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited.
You may not reference NoizeNet in the header or body of an unsolicited email, or list an IP address that belongs to the NoizeNet network in any unsolicited email. Further, you may not take any action which implies that NoizeNet is the sponsor of any unsolicited email even if that email is not sent through the NoizeNet network. Further, forging, altering or removing electronic mail headers is prohibited.
If the Services are disconnected, whether voluntarily or by termination, all user names and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Addresses and email may be held until NoizeNet deletes them as part of its normal policies and procedures. There is no obligation for NoizeNet to retain or make any user name, email address or stored email retrievable once the Services are disconnected.
11. Bandwidth, Data Storage and Other Limitations. NoizeNet offers multiple packages of Services with varying speeds and features and bandwidth usage limitations (not all packages are available in all areas). You must comply with the current bandwidth, data storage, electronic mail and other limitations of service that correspond with the package of Services you selected. In addition to complying with the limitations for specific features, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user’s use of the Services, nor represent (in NoizeNet’s sole judgment) an unusually great burden on the network itself. In addition, you must ensure that your use does not improperly restrict, inhibit, disrupt, degrade or impede NoizeNet’s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services. If you use excessive bandwidth as determined by NoizeNet), NoizeNet may terminate, suspend, or require you to upgrade the Services and/or pay additional fees.
12. Conflict. In the event of a conflict between the NoizeNet Standard Terms and Conditions and this Policy, the Standard Terms and Conditions will prevail.
13. Remedies. Violations of this AUP may result in civil or criminal liability, and NoizeNet may, in addition to any remedy that it may have at law or in equity, terminate access to the Services and charge any offending user any applicable cancellation or termination fees. In addition, NoizeNet may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to NoizeNet stating that they have been harmed by a user’s failure to abide by this AUP or any of the Standard Terms and Conditions governing NoizeNet’s Services. Noize Net’s failure to enforce this AUP in every instance in which it might have application does not amount to a waiver of NoizeNet’s rights.