DIRECPATH ACCEPTABLE USE POLICY FOR BROADBAND SERVICES
1. Introduction
We intend our
Acceptable Use Policy ("AUP") to help enhance the use of the Internet
by setting standards for the acceptable use of our services and preventing
unacceptable use. All users of DIRECPATH broadband services (the "Services"),
including Voice over Internet Protocol (collectively, "you" or the "Subscriber"),
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 Services under normal
circumstances. We also (subject to Section 4 below) do not exercise editorial
control over the content of any Web site (with the exception of our own DIRECPATH
Web site(s)), electronic mail transmission, news groups, or other material
created or accessible over or through the Services. However, in accordance with
our DIRECPATH Broadband Services Subscriber 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.
Please read this AUP carefully: Your violation of this AUP may result in the restriction,
suspension or termination of either your access to the Services and/or your
DIRECPATH account(s) or other actions as detailed in Section 4 below. You
should read this AUP in conjunction with our Terms and Conditions for Internet
Access Service and other policies posted on our website.
This AUP is part of a binding contract between you and
DIRECPATH. In consideration of the other terms and conditions of the Agreement
between you and DIRECPATH, you agree as follows:
By subscribing to and/or using DIRECPATH Internet Services
and equipment, including Voice over Internet Protocol (VoIP), you agree to be
bound by each of the terms and conditions of the DIRECPATH AUP as set forth
below and amended from time to time by DIRECPATH. You also acknowledge and
agree that: (a) DIRECPATH may contact you via your DIRECPATH.com Email address;
(b) in no event shall DIRECPATH have any liability whatsoever for damages,
suffered by you or by any third party, to the extent such damages are directly
or indirectly caused by DIRECPATH's enforcement of this AUP, including the
termination, restriction, suspension or interruption of your account without
advance notice.
2. Violations of DIRECPATH's Acceptable Use
Policy.
For purposes of this
AUP, "use" of or "using" the Services includes, without
limitation, emailing, uploading and posting. "Use" of or "using" the Services
also includes allowing, whether by action or inaction, one's computer to be
used by any third party in a way that violates DIRECPATH's AUP.
It is important to
understand that a user's computer may transmit data - including (but not
limited to) harmful data such as Spam and Software Viruses - without the user's
active participation or knowledge, as when, for example, the computer is
"hijacked" or "hacked" by a third party. Under this Acceptable Use Policy, each
DIRECPATH broadband Subscriber is responsible for all uses of his/her computer.
Accordingly, allowing the use of one's computer for the transmission of harmful
data (including data that falls within any of the categories (a) through (n)
listed below) constitutes a violation of the AUP, even if harmful transmission or
use occurs without the user's knowledge or active participation.
The following uses of
the Services are prohibited:
a. Unlawful Use. Using the Services to transmit any material intentionally
or unintentionally that violates any applicable local, state, national or
international law, or any rules or regulations promulgated thereunder,
including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of
law.
b. Copyright
Infringement. Using the Services to transmit or receive any
material that infringes on any patent, trademark, trade secret, copyright or
other proprietary or intellectual rights of any 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.
c. Threats and
Harassment; Promotion of Illegal Activities. Using the Services to transmit, post or
disseminate any material that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise offensive, or using the
Services to promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual,
promote any act of cruelty to animals, or otherwise violate any local, state,
national, or international law, order or regulation.
d. Junk E-mail. Using the Services
to transmit or facilitate any unsolicited or unauthorized advertising, promotional
materials, "junk mail," unsolicited bulk E-mail and unsolicited commercial
E-mail (collectively "Spam"). Any unsolicited commercial mail is
Spam, regardless of the amount of mail sent, unless the recipient has
specifically requested the information.
e. Fraudulent
Activity.
Using the Services to make fraudulent offers to sell or buy products,
items, or services or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and "chain
letters." You may not use techniques to hide or obscure the source of any
E-mail.
f. False Impersonation. Impersonating any person or entity, or
falsely stating or otherwise misrepresenting your affiliation with any person
or entity. You may not use invalid or forged headers, invalid or non-existent
domain names or other means of deceptive addressing.
g. Software Viruses. Using the Services to transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
h. Unauthorized
Access. Using the Services to access, or
to attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of DIRECPATH'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. Collection of Personal Data. Using the Services to collect, or attempt to collect,
personal information about third parties without their knowledge or consent.
j. Network Disruptions and Unfriendly Activity. Using the Service for any activity which adversely
affects DIRECPATH's property, or in any way interferes with or disrupts our
network or the ability of other people or systems to use DIRECPATH Services or
the Internet. This includes, but is not limited to, "Denial of
Service" (DOS) attacks against another network host or individual user; uploading,
posting or otherwise transferring WebBots, CGI or any other scripts or
executables designed to interfere with any DIRECPATH web server; attempts to
circumvent user authentication or the security of any host, network, network
element or account (also known as "cracking" or "hacking"); unauthorized
attempts to access secure or private data, accounts or servers, or to probe the
security of other networks; using any kind of program/script/command or sending
messages of any kind designed to interfere with any server or a user's session,
by any means, locally or via the Internet. Interference with or disruption of
other network users, network services or network equipment and pinging are all
prohibited. It is every Subscriber's responsibility to ensure that his or her
network is configured in a secure manner.
k. Dedicated Server
Sites. DIRECPATH's internet access services
are intended for residential use only and not for business or commercial use,
and may not be used to host a dedicated server site on the Internet.
l. Excess Utilization of Network Resources. The excessive use or abuse of DIRECPATH's network
resources by one subscriber may have a negative impact on all other
subscribers. Accordingly, you may not use the Services or take any action that
will result in excessive consumption or utilization of the system or network
resources, or which may weaken network performance, as determined in
DIRECPATH's sole discretion. Such prohibited actions include, but are not
limited to: using the Services to host a web server site which attracts
excessive traffic at your location, continuously uploading or downloading
streaming video or audio, Usenet hosting, or continuous FTP uploading or
downloading. In the event that DIRECPATH detects excessive use by you,
DIRECPATH may restrict your access to our network, increase the fees associated
with your Service, including upgrading you to a higher class of Service, or
terminate your Service.
m. Reselling. Reproducing, duplicating, copying, selling, reselling or
exploiting any portion of the Services without DIRECPATH's prior written
consent.
n. Unauthorized
Commercial Activity. Engaging in
commercial activities without subscribing to DIRECPATH-provided or approved
programs. This includes without limitation offering for sale any products or
services, soliciting for advertisers or sponsors, or conducting raffles or
contests that require any type of entry fee.
o. Newsgroups. DIRECPATH Subscribers 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. You must abide by such guidelines. The continued
posting or listing 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. DIRECPATH considers
"multi-posting" to 10 or more groups within a two week sliding window
to be excessive. DIRECPATH servers currently limit the number of allowable
"cross-posts" to nine. DIRECPATH
Subscribers may not cancel messages other than their own messages; however, a
Subscriber may cancel posts forged in that Subscriber's name. DIRECPATH may
cancel any postings that violate this AUP as determined in DIRECPATH's sole
discretion.
3. Use of Your Account by Others.
You may not, through
action or inaction, allow others to use your account for illegal or
inappropriate actions. You may not permit your account, through action or
inaction, to be configured in such a way that gives a third party the
capability to use your account in an illegal or inappropriate manner, or in
violation of any provision of this AUP.
4. Personal
Websites.
DIRECPATH offers
subscribers a certain amount of disk space for hosting website(s) ("Web
Space"), depending on the Service level selected. Web Space is defined as a
file system allocation on one or more of DIRECPATH's publicly available web servers
that is used for the sole purpose of displaying or providing information to the
public Internet community. You are solely responsible for all information,
data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content") contained within your Web Space. DIRECPATH does not
inspect or otherwise participate in the posting of Content to its Subscribers'
Web Space and, as such, does not guarantee the accuracy, integrity, security,
or quality of such Content. DIRECPATH disclaims any liability for the security
of any Content posted on the Web Space, and all such Content is stored at your
own risk. Such Web Space is freely available to anyone using the Internet.
DIRECPATH reserves the right at any time, and periodically, to modify or
discontinue, temporarily or permanently, your Web Space, with or without
notice. DIRECPATH may, in its sole discretion, terminate your Web Space, and
remove any Content contained on your Web Space for any reason, including
without limitation, lack of use, or the reasonable belief that you have
violated any provision of this AUP. You acknowledge that DIRECPATH will not be
liable to you or to any third party for any modification, suspension, or
discontinuance of your Web Space.
5. Reporting Violations of DIRECPATH's AUP
a. DIRECPATH requests that anyone who
believes that there is a violation of this AUP to direct the information to our
Customer Help Desk at abuse@DIRECPATH.com.
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;
- Evidence of the alleged violation E-mail with full header information that provides the above.
- Other situations will require different methods of providing the above information.
b. In the event that you violate this AUP, DIRECPATH may take any one or more of the following actions:
- issue written or verbal warnings;
- suspend the your newsgroup posting privileges;
- restrict or suspend your account without providing advance notice;
- terminate your account;
- bill you for administrative costs and/or reactivation charges associated with any AUP violation;
- increase the fees associated with your Service, including upgrading you to a higher class of Service;
- bring legal action to enjoin violations and/or to collect damages, if any, caused by any AUP violation.
DIRECPATH reserves the
right to cooperate with law enforcement and other authorities in investigating
any claims of illegal activity. Subscribers who violate systems or network
security or who use DIRECPATH Services and/or equipment may incur criminal or
civil liability. You must cooperate with DIRECPATH in any fraud investigation
and use any fraud prevention measures that DIRECPATH prescribes, and your
failure to provide reasonable cooperation may result in your liability for all
fraudulent usage.
6. Revisions to this Acceptable Use Policy
DIRECPATH reserves the
right to revise, amend, or modify this AUP, our Terms and Conditions for
Internet Access Service and our other policies at any time and in any manner.
Any revision, amendment, or modification will be effective ten (10) days after DIRECPATH
publishes such revision, amendment, or modification. Your continued use of our
services after such revision, amendment, or modification shall constitute your
acceptance of the modifications to this AUP. Therefore, it is important that
you review this AUP from time to time. If you have questions about the AUP, or
about your rights and responsibilities as a DIRECPATH subscriber, please
contact our Customer Help Desk at ____________________.
IT IS YOUR
RESPONSIBILITY TO CHECK THIS WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP
MAY CHANGE WITHOUT NOTICE.