Acceptable Use Policy

Introduction

Unlike in the area of regulated common carrier services, certain activities of Customers and Users of, Internet services, including Hosting (collectively referred to herein as "IP related Services") may expose providers of those Services, such as Enventis Telecom, to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade Enventis Telecom's IP related Services. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair Enventis Telecom's ability to interconnect with other IP related Service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves such as sending large numbers of unsolicited messages (Spam).
While Enventis Telecom does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers. Enventis Telecom has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from its Customers' use of Enventis Telecom's IP related Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
AUP Coverage
The AUP applies to all Customers and Users of Enventis Telecom's IP related Services. If a Customer violates the AUP or permits its Users to do so, Enventis Telecom may, depending on the nature and severity of the violation, suspend or terminate service, as provided below. If a User (other than a Customer) violates the AUP, Enventis Telecom may suspend service for so long as necessary for steps to be taken which, in Enventis Telecom's reasonable judgment, will prevent the violation from continuing or reoccurring.
Notice
When feasible, Enventis Telecom shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. Enventis Telecom reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when Enventis Telecom reasonably determines (1) that it may be exposed to sanctions or prosecution, (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of Enventis Telecom's network or networks with which Enventis Telecom is interconnected or interfere with another Customer's use of Enventis Telecom Services or the Internet; (3) that such violation otherwise presents imminent risk of harm to Enventis Telecom or Enventis Telecom's Customers or their respective employees. In other situations, Enventis Telecom will use reasonable efforts to provide, at least 5 business days notice before suspending or terminating service.
PROHIBITED ACTIONS
Enventis Telecom is committed to remaining in compliance with laws and regulations governing use of the Internet and e-mail transmissions, and to preserving for all of its Customers the ability to use Enventis Telecom's network and the Internet without interference or harassment from other users. Enventis Telecom prohibits use of its IP related Services in any ways that are unlawful, interfere with use of Enventis Telecom's network or the Internet, infringe intellectual property rights, result in the publication using Enventis Telecom Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks.
Unlawful Activities
Enventis Telecom IP related Services shall not be used in connection with any criminal or civil violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Interference
Enventis Telecom IP related Services shall not be used in a manner that interferes with any communications network or the usage or enjoyment of services received by others.
Intellectual Property
Enventis Telecom IP related Service shall not be used to transmit, re-transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of Enventis Telecom or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. While Enventis Telecom reserves the right to restrict any actions alleged to violate the intellectual property rights of another party, it is not Enventis Telecom's policy to decide whether claimed infringements are valid or not. Thus, while Customers consent to Enventis Telecom's right to suspend service if Customer is alleged to be violating another's rights, Enventis Telecom may also permit the continuing activity of its Customer despite allegations of an infringement where Customer in writing (1) fully assumes responsibility for its activity and (2) agrees to fully indemnify Enventis Telecom for all damages, claims, expenses and attorneys fees as a result of the alleged infringement. Should Enventis Telecom choose to permit the continued activity of its Customer at Customer's request, Enventis Telecom may require a bond securing it for the full amount of potential indemnification, which amount shall be determined in Enventis Telecom's reasonable judgment.
Offensive or Threatening Material or Content
Enventis Telecom IP related Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to Enventis Telecom's network or to the network of any other IP related Service provider.
Spam/E-mail/Usenet Abuse
Spam/E-mail/Usenet Abuse is prohibited on Enventis Telecom IP related Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
  • using another site's mail server to relay mail without the express permission of the site;
  • using IP addresses that the Customer does not have a right to use
  • collecting the responses from unsolicited electronic messages;
  • maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
  • sending electronic messages with petitions for signatures, or any chain mail related materials;
  • sending unsolicited electronic messages with charity requests;
  • sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Enventis Telecom IP related Services or the Internet (e.g., through language, frequency, size or otherwise);
  • sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
  • sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header.
  • using the service of another provider to send Spam in order to promote a site hosted on or connected to the Enventis Telecom Service.
  • distributing or using software designed to promote the sending of unsolicited bulk electronic messages;
  • using distribution lists containing addresses that include those who have opted out;
  • violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services accessed via the Services or Infrastructure (“Usenet Rules”),
  • cross postings to unrelated news groups.
  • continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by Enventis Telecom in its sole discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules.
  • sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the Enventis Telecom network or of the networks with which Enventis Telecom interconnects
Security Violations
Enventis Telecom Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of Enventis Telecom's or another's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of Security Violations include but are not limited to:
  • intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
  • attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data (except in the case of authorized legitimate network security operations);
  • using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
  • distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
  • falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin; and
  • distributing viruses, worms, trojan horses or other harmful software.
Customer Responsibilities
Customers remain solely and fully responsible for their Content.
Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include but are not limited to improperly securing a mail server so that it may be used by others to distribute Spam and improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.

Last updated 12-Jan-06