1. INTRODUCTION The intent of DSLExtreme’s Acceptable Use Policy (AUP)
is improving the use of the DSLExtreme services by proactively preventing
unacceptable use. All DSLExtreme’s customers and customers of
DSLExtreme’s customers or any downstream customers including visitors of
customers using DSLExtreme services must comply with this AUP.
In consideration of providing Internet connection services, DSLExtreme shall
charge to the customers a periodic fee as stated in this agreement. The
periodic fee shall be subject to change upon thirty days written notice. As a
user of DSLExtreme, you agree that you are at least 18 years of age (or have
permission from a parent or guardian to use this service) and will abide by the
policies of DSLExtreme. It is understood that information on the Internet may
be unedited, uncensored, and offensive to you. You access such information at
your own risk. DSLExtreme does not censor or exercise editorial control over
content on the Internet including any web sites, email, news groups, or
anything that can be accessed through our services. We do reserve the
right to remove anything that in our sole discretion violates this AUP, is
illegal or may subject DSLExtreme to potential liability. DSL Extreme may
cooperate with legal authorities and/or third parties in the investigation of
any suspected or alleged crime or civil wrong. Violating any terms listed in
this AUP may result in suspension or termination or your account without
notice. DSLExtreme reserves the right to refuse service to anyone.
2. VIOLATIONS OF DSLEXTREME’S ACCEPTABLE USE POLICY The following are
violations or DSLExtreme’s AUP:
Illegal Use: As a user of DSLExtreme, you agree not to use the
service in a manner that violates any local, state or federal law.
Harm to others: Using the services to harm others, including but not
limited to minors.
Threats & Harassment: You agree not to use the Internet for
abusive, profane, libelous, slanderous, threatening or otherwise harassing
posts.
Fraudulent Activity: Using the service to make or participate in
fraudulent activity including financial scams.
Unsolicited Broadcast Email and Unsolicited Commercial Email (SPAM): Please
see Section 3 of this AUP.
Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other
identifying information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation. Using deliberately misleading
headers in news postings in order to avoid spam email address collectors is
allowed.
Copyright or Trademark Infringement: Using the service to transmit
any material that infringes any copyright, trademark, patent, trade secret, or
other propriety rights of a third party.
Collection of personal data: Using the Services to collect, or attempt
to collect, personal information about third parties without their knowledge or
consent.
Usenet: DSLExtreme customers should follow the terms of the Acceptable
Use Policy provided by our third party news provider and are subject
to all terms and conditions.
Unauthorized access: Using the Services to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of DSLExtreme's or another entity's computer software or
hardware, electronic communications system, or telecommunications system,
whether or not the intrusion results in the corruption or loss of data.
Long & Multiple Connections: As a dial-up user (modem access), you
are licensed to a single account for one connection at any given time, unless
you pay for multiple connections. As a user, you understand that the unlimited
access Internet account is not intended to be a dedicated line. Dedicated
modems or unmonitored modems connected on a continuous basis are not allowed
and will result in the cancellation of your account.
Reselling the services: Reselling the Services without DSLExtreme’s
authorization.
Network disruptions and unfriendly activity: Using the Services for any
activity which adversely affects the ability of other people or systems to use
DSLExtreme’s services or the Internet. This includes "denial of service" (DoS)
attacks against another network host or individual user. Interference with or
disruption of other network users, network services or network equipment is
prohibited. It is the customer’s responsibility to ensure that their network is
configured in a secure manner. A customer may not, through action or inaction,
allow others to use their network for illegal or inappropriate actions. A
customer may not permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability to use their
network in an illegal or inappropriate manner.
Hosted & Personal Websites: Web space may be provided for
personal and business customers at DSLExtreme. Content of those sites must
conform to local, state and federal ordinances. DSLExtreme reserves the right
to remove content that is pornographic, deemed to be offensive, or violates
trademark or copyright laws, at its sole discretion. DSLExtreme does not
provide training or technical support for Web site development.
3. UNSOLICITED BROADCAST EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM) DSLExtreme
has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial
Email (UBE/UCE), commonly known as “Spam”, whether originating from customers,
from customers' customers, or from customers that provide services which are
used to support spam. Advertising, transmitting, or otherwise
making available any software, program, product, or service that is designed to
violate this AUP or the AUP of any other Internet Service Provider, which
includes, but is not limited to, the facilitation of the means to spam, is
prohibited.
What does DSLExtreme consider spam:
DSLExtreme defines spam as unsolicited broadcast or commercial email that is
sent to addresses that do not affirmatively and verifiably request such
material from that specific sender, including but not limited to advertising,
surveys, information pieces, third party spamming, website addresses, sales,
and auctions.
DSLExtreme’s customers, and customers of DSLExtreme’s customers or any
downstream customers, are prohibited from sending and shall not allow their
connection to DSLExtreme to be used for sending spam. DSLExtreme customers are
responsible for ensuring that they, their customers, and their respective
agents and contractors abide by this policy. DSLExtreme’s customers will be
held responsible for all traffic either sent via their connection to DSLExtreme
or sent elsewhere using Internet services provided via their connection to
DSLExtreme. "Internet services" includes hosting websites, electronic
mailboxes, telephony gateways, IRC servers, sale of spamming software or other
similar services.
Reporting of spam activity and possible repercussions:
DSLExtreme may block traffic to and from the IP address involved in
the spam complaint (i.e. suspend the account) until DSLExtreme is convinced
that the problem is resolved and preventative measures have been implemented to
prevent the violation from recurring. If DSLExtreme receives repeat complaints
indicating that a problem has not been resolved, DSLExtreme may suspend or
cancel the offenders account, at their sole discretion. DSLExtreme may
charge customer and customer shall pay $1000.00 per valid spam complaint of
which DSLExtreme is notified.
DSLExtreme also reserves the right to block traffic to and from the IP address
(es) involved in hacking, and/or port scanning or other malicious activity.
In addition, from time to time, DSLExtreme blocks third party IP addresses that
DSLExtreme believes are used for the distribution of spam or are designated as
open relays. Any blocking of such IP addresses shall prevent DSLExtreme
customers from sending or receiving traffic to and from such IP addresses.
DSLExtreme also reserves the right to cancel an account of a known or alleged
spammer without any notice at their sole discretion.
Receipt of Spam
DSLExtreme does not accept unsolicited commercial email as defined
by California Business and Professions Code Section 17538.45. DSLExtreme
defines "spam mail" as any email addressed to a person with whom the sender
does not have a prior relationship with, sent without the express consent of
the recipient. California has several laws regarding spam email
that apply not only to DSLExtreme members, but also to anyone using DSLExtreme
to deliver mail. (including delivering mail to a DSLExtreme address) One of
these laws provides for a $50/spam up to a $25,000 penalty/day for spamming,
defining spam in the following manner: "It is addressed to a recipient with whom
the initiator does not have an existing business or personal relationship" and
"It is not sent at the request of or with the express consent of the
recipient." These laws may be found at
http://www.spamlaws.com/state/ca1.html We reserve the right to
press charges under the appropriate laws in addition to the charges we impose
upon a user who has violated this acceptable use policy.
4. TECHNICAL SUPPORT DSLExtreme assumes that the user has a
basic understanding of their computer. DSLExtreme will not train users in basic
computer skills such as, but not limited to deleting files or creating
directories. Technical support is intended to facilitate the setup of your
properly functioning computer system for access to our services. Your computer
must recognize your modem or network card, and receive a dial tone or network
link connectivity before any technical support will be dispensed. Our technical
support staff is not trained to and will not assist you in installing and/or
troubleshooting modems, network cards, routers, complex network configurations
or telephone lines.
5. BILLING DSLExtreme offers a 30 day money-back guarantee
for dial-up (modem access) and web hosting accounts. There is no money back
guarantee for any other services unless specifically written in a special one
time promotion. There are no pro-rated refunds for unused time beyond 30 days.
Accounts that are more than 1 (one) day delinquent in payment may be suspended
until payment has been received. Your account is not "monitored" for inactivity
and we do not assume that you wish to cancel if you have not used your account.
Customer is responsible for any disputed charges beyond 60 days from the date
of the charge. All accounts suspended for non-payment are subject to a $10.00
re-activation fee. Any accounts who go into collections status will be
transferred to a collections agency and incur a $25.00 processing fee.
6. CANCELLATIONS It is the customer’s responsibility to
cancel an account with a written notice to the Customer Service Department at
DSLExtreme. Customers who wish to cancel their account must give a 30 day
notice before canceling. The Customer Service Department can be reached by fax
at 818-902-5568, or by sending an email to our cancellation department.
You can send the email using our contact form and select cancellations by
going to: http://www.dslextreme.com/contact/email.htm.
A specific reason for cancellation and the specific date that it will
take place should be listed in the written notice. Once you have canceled the
account, you are responsible for monitoring any charges that occur. You are
responsible for any usage fees up to thirty days after your cancellation
request is received. Early termination fees will be applied to accounts in
a contract that break their contract due to cancellation.
7. CHOICE OF LAW You and DSLExtreme agree that the law of the
State of California, U.S.A. will apply to all matters relating to this
Agreement and to DSLExtreme, Inc. In addition, you and DSLExtreme agree and
consent that the courts of Los Angeles County, California, U.S.A. will have
exclusive jurisdiction and be the exclusive venue for any legal actions
relating to this Agreement or to the services provided hereunder. Customers
agrees to defend, indemnify and hold harmless DSLExtreme, its officers,
directors, employees, agents and licensees, from any claims and expenses,
including reasonable attorney's fees, arising out of or relating to member's
use of DSLExtreme’s service. Customers have no property rights in the e-mail
and web page addresses supplied by DSLExtreme, and understand that this
agreement is assignable by DSLExtreme. If any part of this agreement is
unacceptable to you, you must immediately terminate your membership with
DSLExtreme. This agreement shall automatically renew on the stated periodic
basis unless terminated by either party giving the other thirty days written
notice.
8. PORT FILTERING A port 25 (outgoing
mail) filter is applied to all customers to prevent against spam generated from
our network. Customers with a static IP address connection who wish to have the
filter removed in order to run a mail server may do so by registering at:
https://secure.dslextreme.com/reg_server By registering your mail
server with DSL Extreme, you are agreeing to the terms and conditions listed at
http://www.dslextreme.com/aup.htm . In addition, we will periodically
scan port 25 over your DSL line to make sure your mail server is not an open
relay. If we find an open relay on your mail server, the port 25 filter will be
reinstated and you will be notified by the contact email address entered above.
DSLExtreme reserves the right to block any port without prior notice to protect
the network and the end users from potential virus attacks spreading over a
certain port.
9. REPORTING VIOLATIONS OF DSLEXTREME’S AUP DSLExtreme requests
that anyone who believes that there is a violation of this AUP direct the
information to our abuse department, at:
abuse@dslextreme.com
If available, please provide the following information:
The IP address used to commit the alleged violation Evidence of the alleged
violation.
Spam email should be forwarded as attachments to ensure that all header
information is included. DSLExtreme will take action to ensure that complaints
are addresses in an appropriate manner which may include:
Suspension of the offenders account
Cancellation of the offenders account
Suspension of specific services including but not limited to mail, newsgroup,
personal web space usage, port blocking and Internet connectivity.
10. REVISIONS TO THIS AUP DSLExtreme reserves the right to
revise, amend, or modify this AUP, our Internet Service Agreement and our other
policies and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with the Internet
Service.
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