Access Point, Inc. is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use the Internet without interference or harassment from other users. This Acceptable Use Policy of Internet Services (the “AUPIS Policy”) is designed to help achieve these goals.
By using IP Service(s), as defined below, Customer agrees to comply with this AUPIS Policy and to be responsible for its Users. Access Point, Inc. reserves the right to change or modify the terms of this AUPIS Policy at any time, effective when published herein and posted on Access Point, Inc.’s web site at www.accesspointinc.com/aupis. Customer's use of the IP Service(s) after any changes to this AUPIS Policy are published shall constitute acceptance of any changed or additional terms.
Access Point, Inc., at its sole discretion, may determine whether a User is in violation of this AUPIS Policy. As specified below, any Prohibited Use, Illegal Use, Abusive usage and/or other use of the Services in any manner that interferes with other Users’ satisfaction with, or enjoyment of, the Services is unacceptable. In the event that you believe that you have been a recipient of a prohibited, abusive or illegal use of the Services, please contact firstname.lastname@example.org.
Scope of the Policy: The AUPIS Policy applies to the Access Point, Inc. services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively "IP Services").
I. Prohibited Activities
1. General Prohibitions: Access Point, Inc. prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of Access Point, Inc. network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Access Point, Inc.-branded website or from a website that contains Access Point, Inc.-branded content is a violation of this AUPIS Policy.
2. Specific Illegal Uses Prohibited. The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, without limitation, effecting or participating in any of the following activities via the Services provided by API:
(i) storing, posting or transmitting unlawful materials, e-mail or information;
(ii) storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;
(iii) storing, posting or transmitting defamatory, libelous, slanderous or scandalous materials, email or information;
(iv) storing, posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind;
(v) storing, posting or transmitting materials, e-mail or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
(vi) storing, posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
(vii) storing, posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
(viii) storing, collecting, posting or transmitting credit card, debit card, electronic funds transfer numbers or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for a fraudulent or illegal purpose; and
(ix) collecting, without adequate security and a legitimate purpose (as determined by Access Point, Inc.), any of the following: (a) information from Users under the age of sixteen (16) without consent from such Users’ parents or legal guardians; (b) User’s personal health information or personal financial information without informed consent from such User; or (c) other personal information without the advising the User.
3. Abusive Use Prohibited. The Services may not be used for abusive purposes, as determined by Access Point, Inc. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by Access Point, Inc:
(i) posting five (5) or more messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;
(ii) posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles, which are off-topic according to the charter or other owner-published FAQ’s, rules, or policies or descriptions of the group or list;
(iii) sending unsolicited e-mailings (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;
(iv) falsifying User information provided to Access Point, Inc. or to other Users of the Services; and
(v) engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by Access Point, Inc., re-mailer, or otherwise through the Services or using an account provided by Access Point, Inc. as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect the provider of Services or its supplier.
(vi) operating a server in connection with the Services in an “open relay” configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user). Servers configured in this manner expose both Access Point, Inc.’s network and the User’s personal account to fraudulent and abusive use by third parties. User hereby acknowledges and agrees that it will not operate servers with in an open relay configuration.
If a User requires assistance in determining the configuration of the User’s server and/or instructions to secure a server the User may contact: email@example.com
4. Interfering With Other Users Prohibited. No User shall interfere with any other person’s use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by Access Point, Inc.:
(i) restricting or inhibiting any other User or any other person from using and enjoying Services and/or the Internet;
(ii) posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;
(iii) without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, testing firewalls, (d) testing the vulnerability of a system or network or (e) breaching the security or authentication routines of a system or network;
(iv) conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;
(v) relaying e-mail in an anonymous fashion or forging any TCP-IP packet header; or
(vi) mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network.
II. Remedies. Violation of this Policy may result in civil or criminal liability, and Access Point, Inc. may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, Access Point, Inc. may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to Access Point, Inc. stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above. Access Point, Inc.'s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Access Point, Inc.'s rights.