("AUP") is intended to help enhance the use
of the Internet by preventing unacceptable use. All
users of Accel Net’s Internet products (the "Products"),
those who access some of our Products but do not have
accounts ("Visitors"), as well as those who
pay a monthly service fee to subscribe to the Products
("Customers") must comply with this AUP. We
support the free flow of information and ideas over
the Internet and do not actively monitor use of the
Products except for metering and graphing of data transfer
rates under normal circumstances. Similarly, we do not
exercise editorial control over the content of any Web
site, electronic mail transmission, news group, or other
material created or accessible over or through the Products,
except for certain proprietary websites. However, in
accordance with our Service Order Agreement, we may
remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may
violate this AUP. Accel Net may cooperate with legal
authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrong. Your
violation of this AUP may result in the suspension or
termination of either your access to the Products and/or
your Accel Net account or other actions as detailed
in Section 3. This AUP should be read in conjunction
with our Service Order Agreement and other policies.
2. VIOLATIONS OF ACCEL NET’S
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
a.Illegal use. Using
the Products to transmit any material (by email, uploading,
posting, or otherwise) that, intentionally or unintentionally,
violates any applicable local, state, national or international
law, or any rules or regulations promulgated thereunder.
b. Harm to minors. Using
the Products to harm, or attempt to harm, minors in
any way.
c. Threats. Using the Products
to transmit any material (by email, uploading, posting,
or otherwise) that threatens or encourages bodily harm
or destruction of property.
d. Harassment. Using the
Products to transmit any material (by email, uploading,
posting, or otherwise) that harasses another.
e. Fraudulent activity.
Using the Products to make fraudulent offers to sell
or buy products, items, or products or to advance any
type of financial scam such as "pyramid schemes,"
"Ponzi schemes," and "chain letters."
f. 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 ("munging" headers) in news postings
in order to avoid spam email address collectors is allowed.
g. Unsolicited commercial
email/Unsolicited bulk email. Using the Products to
transmit any unsolicited commercial email or unsolicited
bulk email. Activities that have the effect of facilitating
unsolicited commercial email or unsolicited bulk email
whether or not that email is commercial in nature are
prohibited.
h. Unauthorized access.
Using the Products to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt
to penetrate, security measures of Accel 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.
i. Copyright or trademark
infringement. Using the Products to transmit any material
(by email, uploading, posting, or otherwise) that infringes
any copyright, trademark, patent, trade secret, or other
proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources,
and the unauthorized transmittal of copyrighted software.
Accel Net is registered under the Digital Millennium
Copyright Act of 1998.
j. Collection of personal
data. Using the Products to collect, or attempt to collect,
personal information about third parties without their
knowledge or consent.
k. Reselling Accel Net’s
Products. Reselling the Products without Accel Net’s
authorization.
l. Network disruptions and
unfriendly activity. Using the Products for any activity
that adversely affects the ability of other people or
systems to use Accel Net Products 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 products
or network equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured
in a secure manner. A Member may not, through action
or inaction, allow others to use their network for illegal
or inappropriate actions. A Member 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.
m. News. Accel Net Customers
should use their best judgment when posting to any newsgroup.
Many groups have charters, published guidelines, FAQs,
or "community standards" describing what is
and is not considered appropriate. Usenet can be a valuable
resource if used properly. The continued posting of
off-topic articles is prohibited. Commercial advertisements
are off-topic in most newsgroups, especially regional
groups not specifically named for such. The presence
of such articles in a group is not indicative of the
group's "intended" use. Please familiarize
yourself with basic Usenet netiquette before posting
to a newsgroup.
Accel Net considers "multiposting"
to 10 or more groups within a two-week sliding window
to be excessive. Accel Net servers currently limit the
number of allowable "cross-posts" to 9.
Accel Net Customers may not cancel
messages other than their own messages. A Member may
cancel posts forged in that Member's name. We may cancel
any postings that violate this AUP.
n. Long Connections and
Multiple Logins for Non-Commercial or Residential or
Personal Use Customers. Using a personal or residential
account for high volume or commercial use is prohibited.
The Residential Products are intended for periodic,
active use of email, newsgroups, file transfers, Internet
chat, games, and browsing the World Wide Web. Customers
may stay connected so long as they are actively using
that connection for the above purposes. Customers may
not use the Products on a standby or inactive basis
in order to maintain a connection. Pinging is expressly
prohibited. Accordingly, Accel Net maintains the right
to terminate any member's connection following any extended
period of inactivity as determined by Accel Net.
o. Exceeding Web Site Size
and Traffic Limitations: Some Accel Net Customers may
receive webspace for use with their Residential Accel
Net Internet access account. Each member's webspace
is allocated a certain amount of traffic per month (traffic
is either metered or calculated on a formula multiplying
the number of hits that your site receives by the size
of your files). If a site exceeds its maximum monthly
allotment of traffic, the site will become unavailable
until the beginning of the next calendar month. A site
that exceeds the Accel Net Member's maximum allotment
in size will also become unavailable. Unavailability
includes but may not be limited to the inability to
access the site publicly or to publish to or modify
the site's contents via certain Web creation tools.
p. Greatly exceeding the
contracted bandwidth amounts or allowing certain server
activity causing disruptions and/or excessive loading
of the radio network: Accel Net commercial customers
may not install certain applications on their servers
that create undo packet loading on Accel Net’s Radio
Network without first obtaining permission from Accel
Net.Such
activities may be of the form of streaming media or
game servers that by their very nature tend to create
excessive packet traffic thereby blocking access to
the network by other customers.Residential customers are not allowed the use
of commercial servers or private servers that have excessive
hits causing possible congestion, disruption or degradation
of the radio network.Accel Net reserves the right at it’s discretion
to terminate service temporarily until the situation
is remedied or permanently without violating the customer’s
service agreement if such activity is causing harm to
other customers or the integrity, speed or performance
of the radio network.
3. REPORTING VIOLATIONS OF ACCEL
NET’S AUP
Accel Net requests that anyone
who believes that there is a violation of this AUP direct
the information to Director of Operations, at: info@accelnet.net.
If available, please provide the
following information:
· The IP address used to
commit the alleged violation
· The date and time of
the alleged violation, including the time zone or offset
from GMT
· Evidence of the alleged
violation
Email with full header information
provides all of the above, as do syslog files. Other
situations will require different methods of providing
the above information.
Accel Net may take any one or more
of the following actions in response to complaints:
· issue warnings: written or verbal
· suspend the Member's newsgroup
posting privileges
· suspend the Member's account
· terminate the Member’s account
· bill the Member for administrative
costs and/or reactivation charges
· bring legal action to enjoin
violations and/or to collect damages, if any, caused
by violations.
4. REVISIONS TO THIS ACCEPTABLE
USE POLICY
Accel Net reserves the right to
revise, amend, or modify this AUP, our Service Order
Agreement and our other policies and agreements at any
time and in any manner. Notice of any revision, amendment,
or modification will be posted on our web site at www.accelnet.net
in accordance with the Service Order Agreement.Most contracts, agreements, product descriptions,
current rates, policies and other informaiton may be
found on our web site.
