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ACCEPTABLE
USE POLICY (AUP)
This
Acceptable Use Policy ("AUP") sets forth the principles
that govern the use of the IP systems, services, products and networks
(collectively, “Services”) provided by TelAlaska NetWorks/arctic.net
("Company"). This AUP has been created to promote the integrity,
security, reliability and privacy of Company's Services. Customer’s
use of the Services shall constitute acceptance of the terms of this
AUP. This AUP also applies to any person visiting any of the
Company’s sites, whether such person is a Customer or user,
a visitor to a public area of Company’s Services, or a participant
in one of our promotional offerings. This AUP supplements,
but does not supersede, the contracts that Customer has with Company. If
such a contract restricts the use of Company’s Services in
a manner not addressed herein, the contract will govern with respect
to such use.
Prohibited
Uses
Uses of the
Company’s Services described below are prohibited under
this AUP. The examples provided below are guidelines only,
and are not intended to be exclusive. If a customer is
unsure whether a contemplated use or action is permitted under
the AUP, the customer should e-mail Company with a description
of the proposed use at abuse@arctic.net for a determination as
to whether the use is permissible under this AUP.
A. Illegal
Activity
Customers shall
not post, transmit, re-transmit or store material on or through
any of Company's Services that: (i) is in violation of any local,
state, federal or international law or regulation; (ii) violates
the legal rights of any person, including rights protected by
copyright, trade secret, patent or other intellectual property
or similar laws or regulations including, but not limited to,
the installation or distribution of "pirated" or other
software products that are not appropriately licensed for use
by customer; (iii) entail deceptive on-line marketing practices;
or (iv) furnish false data on a signup form, contract, or online
application, including fraudulent use of credit card numbers. For
purposes of this AUP, "material" refers to all forms
of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs and scripts, video recordings, and audio
recordings.
B. Security
Concerns
The Services
may not be employed in connection with attempts to violate the
security of the IP systems and network or of any user’s
legitimate use thereof. Prohibited activities of this nature
include: (i) attempting to circumvent user authentication or
security of any host, network, or account ("cracking"),
including, but not limited to, accessing data not intended for
the user, logging into a server or account the user is not expressly
authorized to access, or probing the security of other networks
(such as running a SATAN scan or similar tool); (ii) effecting
security breaches or disruptions of Internet communications (as
used herein, "disruption" includes, but is not limited
to, port scans, ping floods, packet spoofing, forged routing
information, deliberate attempts to overload a service, and attempts
to "crash" a host); (iii) using any program/script/command,
or sending messages of any kind, designed to interfere with a
user's terminal session, by any means, locally or by the Internet;
(iv) executing any form of network monitoring which will intercept
data not intended for the user; or (v) intentionally releasing
any virus, worm or other destructive software program or mechanism
into the Company’s Services.
C. Spam
Spam is an
unacceptable use of the e-mail function on Company’s Services,
which includes any of the following activities: (i) sending
unsolicited mail messages, including the sending of "junk
mail" or other advertising material to individuals who did
not specifically request such material (including; but not limited
to, commercial advertising and informational announcements);
(ii) failing to honor a user’s request not to forward additional
unsolicited material; (iii) posting the same or similar messages
to large numbers of forums or user groups or in violation of
such groups rules; (iv) sending unsolicited e-mail without identifying
a clear and easy means to be excluded from receiving additional
e-mail from the originator; (iv) sending e-mail that does not
accurately identify the sender, the sender’s return address,
and the e-mail address of origin; (vi) using a Company or a Customer
account to collect replies to messages from another provider;
(vii) creating or forwarding "chain letters" or other "pyramid
schemes" of any type, whether or not the recipient wishes
to receive such mailings; or (viii) unauthorized use, or forging,
of mail header information (this includes attempting to circumvent
the approval process for posting to a moderated newsgroup).
D. Threatening
or Harassing Activity
The Company’s
Services may not be used to transmit materials of a threatening
nature, including threats of death, physical harm, harassment,
libel, slander or defamation. Communication intended to
harass through the frequency or size of messages is prohibited.
E. Offensive
Materials
The Company’s
Services may not be used for the distribution of offensive materials,
including obscene, pornographic, indecent and hateful materials.
F. Other
Prohibited Activities
The Company’s
Services may not be used for (i) the resale of the Company’s
services or products without the prior written consent of the
Company; (ii) the purpose of restricting any other user in his,
her or its use or enjoyment of the Company’s Services.
G. Dial-Up
Users
In addition
to the foregoing, for dial-up users, attempting to circumvent
the 'idle daemon' or time charges accounting, or attempts to
run programs while not logged in by any method, (i) consuming
excessive resources, including CPU time, memory, disk space,
and session time, which negatively impact other system users
or the performance of Company Services, or (ii) sharing passwords
or accounts with third parties are prohibited.
H. All
Users
Consuming excessive
resources, including CPU time, memory, disk space, and session
time, which negatively impact other system users or the performance
of Company Services, or sharing passwords or accounts with third
parties are prohibited.
Indirect
and Downstream Access
A violation
of this AUP by a user having only indirect access to the Company’s
Services through a Customer or other user will constitute a violation,
whether or not the Customer or other user has consented to such
prohibited use. Resellers of the Company’s Services
are responsible for informing their customers of this AUP and
for enforcing its restrictions with regard to their customers'
actions. Breach or non-compliance of this AUP by a customer or
end-user of a reseller shall be considered a violation of this
AUP.
Complaint
and Enforcement
- Complaint
Company does
not intend, and assumes no responsibility, actively to monitor
the content of Web sites, e-mail, news groups or other materials
created or accessible over its Services. Company, however,
reserves the right to monitor the Services for compliance with
this AUP.
Complaints
regarding abusive conduct may be reported by FAX to:
(907) 550-1675,
ATTN: Rose
Kuiper,
Customer Service
Manager
or by mail
to:
TelAlaska NetWorks
201 E. 56th
Ave.
Anchorage,
AK 99518
Complaints
will also be accepted via e-mail at abuse@arctic.net, so long
as a valid return address is included. TelAlaska
NetWorks must be able independently to verify each instance of
abuse; therefore, each complaint must include the COMPLETE TEXT
OF THE OBJECTIONABLE MESSAGE, INCLUDING ALL HEADERS. Please do
NOT send excerpted parts of a message; sending a copy of the
entire message, including headers, helps to prevent misunderstandings
based on incomplete information, or information used out of context.
Full headers demonstrate which path the message has taken, and
enable us to determine whether any part of the message has been
forged. This information is vital to our investigation.
- Enforcement
Company may,
in its sole discretion, suspend or terminate a customer's service
for violation of any of AUP at any time and without warning.
Company may in its sole discretion also, without suspending or
terminating service, first effect or demand immediate removal
of offending material, or temporary or permanent filtering. Company
may involve, and will cooperate with, law enforcement officials
if criminal activity is perceived. As a general matter,
Company attempts to work with customers to cure violations and
to ensure that there is no re-occurrence of the violation prior
to terminating service. Refunds or credits are not available
to users who have violated this AUP.
Liability
In no event
will Company be liable to any Customer or third party for any
direct, indirect, special or other consequential damages for
actions taken pursuant to this AUP, including, but not limited
to, any lost profits, business interruption, loss of programs
or other data, or otherwise, even if Company was advised of the
possibility of such damages. Company is not responsible
for any content placed on its Services by any user, including
any Usenet posting or transmitted e-mail.
Miscellaneous
Modification
of AUP.
TelAlaska NetWorks
may revise this AUP from time to time without notice by posting
a new version of this document on the TelAlaska NetWorks Web
site at www.arctic.net and
www.akwifi.com (or any successor URL(s)). All revised copies
of the AUP are effective immediately upon posting. Accordingly,
customers and users of the TelAlaska NetWorks Internet Service
should regularly visit our web site and review this AUP to ensure
that their activities conform to the most recent version.
Applicability
of AUP
This AUP also applies to other types of Internet-based
distribution mediums as well, such as RLG's Ariel system (a system
for sending FAX-like documents over the Internet).
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