By accessing the Internet through any facility owned or operated by America Internet Sales Group, Inc., or any of its affiliates (“Equinox Communications”), a Subscriber, on or behalf of itself or any of its Users (as those terms are defined below), agrees to the terms of this Acceptable Use Policy agreement (the “Agreement”).
1. Definitions. “Service” means analog or digital access to the Internet (depending on the rate plan selected by the Subscriber), web hosting services offered through facilities owned or operated by Equinox Communications, and any other data services offered by Equinox Communications. “Subscriber” means the individual, corporation, or legal entity that incurs usage charges for the Service and utilizes the Service for its own internal use. “User” means an individual within Subscriber’s corporation or other legal entity who uses the Service and whose usage charges are incurred by Subscriber.
2. Acceptable Use of Internet Services. The Service may be used for World Wide Web browsing, sending, receiving and reading electronic mail, transferring files via the file transfer protocol or similar Internet protocol. At all times Subscriber shall be responsible for any use of the Service by its Users.
a. Dial-Up Services. User ID names and email addresses will be issued to Subscriber by Equinox Communications based upon availability. Once a user ID name is disassociated from an account for any reason, Equinox Communications may assign it elsewhere.
i. A dial-up account shall not be used to host a dedicated server site on the Internet.
ii. A dial-up account shall not be accessed simultaneously by multiple users using the same user ID.
iii. Dial-up accounts may only be used on an active dial-up basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Equinox Communications may disconnect a dial-up account after 15 minutes of inactivity. This time is approximate and subject to change without notice in Equinox Communications sole discretion. Equinox Communications may allow longer intervals of inactivity in its discretion. Subscriber shall not use electronic or mechanical means to maintain an active connection, such as pinging the mail server, employing electronic or software auto-dialer features to maintain an active connection, or repeatedly checking for electronic mail by auto-login to the mail server. Equinox Communications may audit connections electronically to enforce these requirements.
iv. E-mail sent and received through Equinox Communications mail servers is limited in size to 25 megabytes, including attachments.
v. E-mail sent through Equinox Communications mail servers is limited to 50 recipients.
b. Dedicated Services (ISDN, DSL, T1, T1 and greater, Hosted PBX and Colocation)
i. Use of a dedicated circuit to host servers is authorized. However, maintaining a SMTP (E-mail) open-relay server is prohibited.
ii. E-mail sent and received through Equinox Communications mail servers is limited in size to 25 megabytes, including attachments.
iii. E-mail sent through Equinox Communications mail servers is limited to 50 recipients.
iv. Equinox Communications does not require any size or recipient limits on E-mail sent through servers maintained by Subscriber.
3. Prohibited Activities. In connection with the use of the Service, Subscriber shall comply, and shall require its Users to comply, with the terms and conditions of this Agreement and with all applicable laws and regulations, including, without limitation, the Digital Millennium Copyright Act.
a. Without limiting the generality of the foregoing, Subscriber and its Users shall not use the Service in a manner that interferes with or threatens to jeopardize Equinox Communications network or the use of the Service by any of Equinox Communications customers, and Subscriber shall not use the Service:
i. to make foul or profane expressions, or to impersonate another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person;
ii. to create or distribute chain letters or other types of Ponzi or pyramid schemes of any type;
iii. to send unsolicited mail messages, including the sending of junk mail or other advertising material to individuals who did not specifically request such material, who were not previous customers of Subscriber or with whom Subscriber does not have an existing business relationship (spam); or distributing, advertising, web hosting or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam;
iv. to transmit or upload material, information, messages, data or images that are libelous or defamatory, or that violate any privacy right, threaten physical harm or property damage, or that violate state, local or federal laws, including but not limited to, laws governing obscenity, pornography, intellectual property, or the transmission of copyrighted material or trade secrets unless possessing the appropriate and necessary rights to do so;
v. to cause or attempt to cause security breaches or disruptions of Internet communication or service. (Examples of security breaches include, but are not limited to, accessing data of which Subscriber is not an intended recipient, or logging in to a server or account that Subscriber is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, ping floods, denial of service attacks, packet spoofing, and forged routing information); or
vi. to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of Equinox Communications or any other party.
b. Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided as an option in connection with the Service. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subject matter and established guidelines and restrictions of the newsgroup. All Usenet guidelines and restrictions are incorporated in this Agreement by reference and Subscriber and its Users agree to comply with them. Without limiting the generality of the foregoing, Subscriber and its Users shall not:
i. post articles that are irrelevant to the newsgroup (inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocols);
ii. make commercial postings unless they are specifically authorized by the rules of the newsgroup (most newsgroups do not allow commercial postings);
iii. make blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroup’s subject matter (such as spamming or cross-posting);
iv. post chain letters; or
v. create unauthorized newsgroups.
c. Subscriber and its Users shall not cause harm to the equipment, software, or processes used in connection with furnishing the Service, whether owned or operated by Equinox Communications or other entities.
d. Upon any notice of alleged copyright infringement by a Subscriber, Equinox Communications shall have the right to immediately remove the allegedly infringing content or temporarily disable the Subscriber’s webpage. Equinox Communications will notify Subscriber if such action is taken. Reinstatement may occur upon receipt by Equinox Communications designated agent of a counter notice delivered in accordance with the copyright infringement provisions of the Digital Millennium Copyright Act. Repeat infringers’ accounts will be terminated with no reinstatement. Equinox Communications designated agent for infringement notices is: Spenserv, Inc., 1000 Walnut Street, Kansas City, Missouri 64106.
4. Content. Equinox Communications exercises no control over the content of the information passing through Equinox Communications network and accessed through the Service. Equinox Communications has no duty to monitor, review, remove, or edit any material passing through or residing on its network or servers, although Equinox Communications reserves the right to do so. Some sites contain information that Subscriber or its Users may consider obscene or harmful. Equinox Communications shall not be responsible in any manner and to any extent for sites or postings that might be considered obscene, offensive, harmful, or illegal. Subscriber is responsible for its own monitoring and viewing habits, and for those of its Users, including minors. Equinox Communications makes no warranties of any kind, whether express or implied, about the content of the information passing through its network or accessed by the Subscriber or its Users through the Service. Use of any information obtained through the Service is at the sole risk of Subscriber and its Users. Equinox Communications specifically disclaims any responsibility for the accuracy or quality of information obtained through the Service.
5. Equipment. Subscriber shall be responsible for the proper installation, operation, and maintenance of any equipment not supplied by Equinox Communications that is used by Subscriber or its Users in connection with the Service and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable laws and regulations.
6. Violations of this Policy. If Equinox Communications receives notice from a third party, or if Equinox Communications reasonably believes that a Subscriber or any of its Users has violated any of the terms of this Agreement (including, without limitation, for failure to pay for the Service when due), then Equinox Communications shall have the right, in its sole discretion, without prior notification to Subscriber or its Users, without limiting any other rights or remedies Equinox Communications might have, and without incurring any obligation or liability to Subscriber or its Users, to temporarily discontinue furnishing Service to Subscriber or its Users, in whole or in part, or to terminate this Agreement. Equinox Communications may charge a reconnect fee for any discontinued Service that is subsequently reconnected.