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I. Introduction
ISWest supports the free flow of information and ideas over the
Internet. ISWest does not actively monitor, nor does ISWest exercise
editorial control over, the content of any Web site, electronic
mail transmission, mailing list, newsgroup or other material
created or accessible over ISWest services ("Services").
However, ISWest reserves the right to remove any materials that,
in ISWest's sole discretion, are potentially illegal, may subject
ISWest to liability, or violate this Acceptable Use Policy ("Policy" or
"AUP").
Violation of this Policy may result in the suspension or cancellation
of your ISWest Services. ISWest strives to maintain favorable
business relationships in the Internet community and will not
allow any practice that threatens these relationships. Further,
customers shall not use, nor shall they permit others to use,
the Services so as to interfere with the use of the ISWest network
by other customers or authorized users. If a customer, or a third
party acting through customer, violates any of the foregoing
prohibitions, ISWest may immediately suspend the Services and/or
terminate the Services Agreement without further liability or
obligation to customer.
II. Policies
- Lawful Purposes
The Services may only be used for lawful purposes and in compliance
with this AUP. Transmission of any material in violation any
U.S. or state law or regulation is prohibited. This includes,
but is
not limited to: copyrighted material, material legally judged
to be threatening or obscene, or material protected by trademark,
trade secret or other federal or state laws including, without
limitation, the DMCA, CAN-SPAM Act, infringement and unfair
competition laws. By using ISWest’s Services, you agree
to indemnify, defend and hold ISWest harmless from any claims,
liabilities, actions,
expenses, and costs (including payment of reasonable attorneys
fees) resulting from your use of the service which violates
any provision of this AUP and/or which causes any damages to
you or
another person or entity. Notwithstanding the above, you agree
that should ISWest be found liable in a court of law for any
action related to the use of ISWest Service, that ISWest’s
liability, if any, shall be limited to the unused balance of
your monthly
payment, pro-rated to reflect your current month, and said
unused balance shall be used to offset any such damages. You
will further
agree that ISWest has the right to terminate further service
to you and/or your organization upon notice that you or any
person or entity on your behalf has, or intends to, initiate
legal proceedings
against ISWest of any kind. ISWest reserves the right to cooperate
with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong. Activities
which are prohibited
as potentially illegal include, but are not limited to:
- Unauthorized
copying of copyrighted material including, but not limited
to, digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and copyrighted software.
- Exporting software or technical information in violation
of U.S. export control laws.
- Posting or emailing of scams such as
'make-money-fast' schemes or 'pyramid/chain' letters.
- Threatening
bodily harm or property damage to individuals or groups.
- Making
fraudulent offers of products, items, or services originating
from your account.
- Attempting to access the accounts of others,
or attempting to penetrate security measures of ISWest's
or other entities' systems
("hacking"),
whether or not the intrusion results in corruption or
loss of data.
- The unauthorized use of a person's name, image or
likeness.
- Personal
Account Use
Using a personal account for high volume or commercial purposes
is strictly prohibited except as provided in this
Section. If you would like to receive high-volume or commercial
services, please
contact ISWest's Business Sales Department at (877)
735-1500 for information about establishing a commercial account.
Activities
which are prohibited as high volume include, but
are not limited to:
- Any mailbox exceeding 10MB may, at ISWest's
discretion, be transferred
to a compressed temporary file or storage.
Customers will be notified at that time with further information.
ISWest reserves the
right to delete the temporary file from the server sixty
days
after this notification.
- Exceeding 5MB of disk space for free
Web sites. Any free Web site exceeding 5MB will be suspended
until the
customer brings the disk space usage under 5MB or less. Additional megabytes
may be
purchased and these prices may be obtained by calling (877)
735-1500.
Business
Web sites start at 10MB and go up from
there.
- Exceeding 250MB of traffic in a one-month period for free
Web sites. Any free Web site exceeding 250MB of
traffic will be billed for the excess traffic. Traffic over 250MB will be charged
$10.00 per MB. Business Web sites start at 2 GBs of traffic per month.
- E-mail
All ISWest customers agree to use and use only the email address
as confirmed at the time of signup for their “Return” and/or “Reply-To” Internet
email address for all communication with ISWest
such as Customer Support requests and billing
inquiries. The use of a “fake” email
address, email address belonging to another Internet
user, or no email address as a “Return” and/or “Reply-To” Internet
email address is prohibited and such use shall
be cause for immediate account termination.
Use
of the Services to send Unsolicited Commercial
E-mail
is a violation of this AUP and cause for immediate
account termination.
The following practices are required for use
of ISWest’s
e-mail systems:
- The e-mail addresses of new subscribers
must be confirmed or verified before
mailings commence. This is usually accomplished
by means of an e-mail message sent to the subscriber to which they must
reply, or containing a URL which they
must
visit, in order to complete the subscription.
Regardless of how this is accomplished,
a fundamental
requirement of all lists is the verification
of all new subscriptions.
Mailing list administrators must provide a simple method
for subscribers to terminate their subscriptions,
and administrators should provide
clear and effective instructions for unsubscribing
from a mailing
list. Mailings from a list must cease promptly
once a subscription is terminated.
- Mailing list administrators must make
an "out of band" procedure
(e.g., a means of contact by which
messages may be sent for further correspondence via e-mail or
telephone) available for
those who
wish to terminate their mailing list
subscriptions but are unable or unwilling to follow standard automated
procedures.
- Mailing list administrators must ensure
that the impact of their
mailings on the networks and hosts
of others is minimized by proper list management procedures
such as pruning of invalid
or undeliverable
addresses, or taking steps to ensure
that
mailings do not overwhelm
less robust hosts or networks.
- Mailing
list administrators must take adequate steps to ensure that
their lists are not used for abusive
purposes. For example, administrators can maintain a "suppression list" of
e-mail addresses from which all
subscription requests are rejected. Addresses
would be added to the suppression
list upon request by the parties entitled
to use the
addresses at issue. The purpose
of the suppression
list would be to prevent subscription
of addresses appearing on the suppression
list by unauthorized
third parties. Such
suppression lists should also give
properly authorized domain administrators
the option to suppress all mailings
to the domains for which they
are responsible.
- Mailing list administrators
must make adequate disclosures about how subscriber addresses will be used,
including whether or not addresses are subject to sale or trade with other
parties. Once
a mailing list is traded or sold,
it may no longer be an opt-in mailing list. Therefore, those
who are acquiring "opt-in" lists
from others must examine the
terms and conditions under which the addresses were
originally
compiled and determine that
all recipients
have in fact opted-in specifically
to the mailing lists to which they are being traded
or sold.
- Mailing list administrators
must make adequate disclosures about the nature of their mailing
lists,
including the subject matter of the lists and anticipated frequency of messages.
A
substantive change in either the subject matter or frequency
of messages
may constitute a new and separate mailing list requiring
a separate subscription. List administrators must create a new mailing
list when there is a substantive change in either the
subject matter or frequency of messages. A notification about
the new mailing list may be appropriate on the existing mailing list,
but existing subscribers should never be subscribed automatically
to the new list. For example, if Company A acquires Company B, and Company
B has compiled opt-in mailing lists;
Company A should not summarily incorporate Company B's mailing lists into its
own.
Failure to adhere to these practices is a violation of the
AUP and cause for immediate account
termination.
Use of ISWest network for bulk and/or
unsolicited email (“SPAM”),
commercial or otherwise, is prohibited and
shall be cause for immediate account termination. The use of
the ISWest network to gain access
and transmit unsolicited bulk email (“SPAM”),
through a non-ISWest server is prohibited.
Termination of service and a
minimum of $750 cleanup fee shall be imposed
whenever the ISWest network is utilized,
in whole or in part, for transmission of
unsolicited
bulk email. Customer shall be held liable
for any and all costs incurred by ISWest
as a result of customer violation of these
terms
and conditions; including but not limited
to attorney fees and costs resulting from
Postmaster responses to complaints, and cleanup
of unsolicited commercial mailings and/or
unauthorized bulk mailings
and/or news server violations. ISWest’s
current hourly rate for Postmaster
responses to complaints and
cleanup of
unsolicited commercial mailings
and/or unauthorized bulk mailings
and/or
news
server violations is US $150
per hour, with a minimum one
(1) hour charge.
- Newsgroups
Use of ISWest’s NNTP news server for cross-posting messages
to more than 10 news groups, the posting
of off-topic messages to newsgroups, and/or as an advertising
medium is prohibited
and shall be cause for immediate account
termination. The use of forged
headers is prohibited. Further, the following
practices are also prohibited and cause for immediate account
termination:
- Cross-posting advertisements for products, items,
or services to
ten (10) or more unrelated USENET
newsgroups.
- Posting articles to any USENET or other newsgroup, mailing
list or similar forum which are off-topic
according to the charter or other public statement of the forum.
- Disrupting any
newsgroup with frivolous, excessively vulgar, or repetitious
postings.
- Posting of binary, or excessively large, unrelated
text files to non-binary newsgroups that have specifically
requested such material not be posted in the group's FAQ (Frequently
Asked Questions), charter or other public statement of
the forum that such
material not be posted.
- Installation of 'auto-responders',
'cancel-bots' or similar automated or manual routines
which generate excessive
amounts of Net traffic, or disrupt Net newsgroups or email use by others.
- IP Addresses
ISWest may provide IP (Internet Protocol) addresses for certain
types of service. These addresses are not transferable
if you go to another Internet Service Provider. ISWest reserves
the
right
to renumber its servers or customers at any time without
prior notice. This is essential to the efficient operation
of the
Internet, and is in no way a business function of ISWest
that can be avoided
due to the nature of the Internet.
- Viruses
Distributing viruses to or from ISWest systems is expressly
prohibited. If your system becomes infected with a virus
your connection will
be terminated and your account deactivated. When customers
are deactivated for the first time due to a virus infection,
they will
be required to perform all necessary repairs to their system,
such as downloading patches and updates. Upon completion
of said repairs,
customers will then be reactivated. No fees will be applied
to customer accounts at this time. When customers are deactivated
for the second time, they will again be required to perform
all
necessary repairs, as well as pay a $25.00 reactivation
fee per infected IP address. After completing the necessary
repairs
and
paying the fee, customers will then be reactivated. For
all subsequent virus-related deactivations, customers will
be charged
a $50.00
reactivation fee, plus possible additional fees for time
and materials. Customers will be notified by phone, upon
deactivation
of an IP
address.
- Account Passwords
You may not reveal your account password to others or allow
use of your account by others (other than authorized users
in your
household). At no time can there be simultaneous use of
the same username and password combination.
III. Unlimited Service
Customer acknowledges that ISWest's Service
is intended for periodic, active use of email, user newsgroups,
file transfers
via FTP,
Internet chat, Internet games and browsing the World Wide Web.
Customer
further agrees not to use the service on a standby or inactive
basis in order to maintain a connection. Pinging is expressly
prohibited. Accordingly, ISWest maintains the right to terminate
customers’ connections
following any extended period or inactivity as determined by
ISWest.
IV. ISWest Assumes No Liability
ISWest has no practical ability to restrict all conduct, communications
or content which might violate this Policy prior to its transmission
on ISWest's systems, nor can ISWest ensure prompt removal of
any such communications or content after transmission or
posting. Accordingly,
ISWest does not assume liability to customers, subscribers
or others for any failure to enforce the terms of this Policy.
V. Revisions to this Policy
ISWest reserves the right to modify this Policy at any time.
Notice of modifications to this Policy may be given to customers
and subscribers
by posting such changes to the ISWest homepage (www.iswest.com),
by electronic mail, or by conventional mail.
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