The following Acceptable
Use Policy ("Use Policy") applies to all
AZCI.net
Internet services (the "Services") and all users
thereof, including, without limitation, clients who
maintain service accounts with AZCI.net, as
well as those who simply access our web site or the
web sites of our hosted clients (“Users”).
By using the Services, Users agree to abide by, and
require others using the Services via the User
account to abide by the terms of this Use Policy.
Users should consult this Use Policy regularly to
ensure that User activities conform to the most
recent version. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF
THE SERVICES AND IF YOU ARE AN AZCI.net
ACCOUNT HOLDER, NOTIFY AZCI.net CUSTOMER
SERVICE SO THAT YOUR ACCOUNT MAY BE CLOSED.
AZCI.net supports the free flow of
information and ideas over the Internet, and
therefore does not actively monitor use of the
Services, absent emergency circumstances.
AZCI.net does not exercise editorial control
over the content of any email, web site, information
or news group, or other material accessible through
the Internet. However, by virtue of this Use Policy,
AZCI.net reserves the right and authority to
remove any materials that we believe may be illegal,
may subject us to liability, or may violate this Use
Policy.
Violation of this Use Policy may result in the
suspension or termination of access to the Services
and/or the AZCI.net account, or other actions
as detailed below.
AZCI.net makes a policy of cooperating with
legal authorities and/or third parties in the
investigation of any suspected or alleged crime or
civil wrong.
1. VIOLATIONS OF THE USE POLICY
Illegal Usage. Users are prohibited from
using the Services to transmit any material (by
email, uploading, posting, or otherwise) that,
intentionally or unintentionally, violates any
applicable local, state, national or international
law, or any rules or regulations promulgated
there under.
Peer to Peer.
P2P or FILE SHARING traffic such as
Bitorrent, Kazaa, Aries, ZeroPaid, WinMX and others
can be extremely disruptive to the community
performance on a network and may be illegal
depending upon the content being shared. AZCI.net
users shall not engage in file sharing over
AZCI.net.
Pornography. AZCI.net reserves the
right to edit any web site hosted on its servers. A
User's default home page, such as default.htm,
default.html, index.htm, index.html, home.htm,
home.html, cannot contain any pornographic materials
or links to such materials. Any page which contains
such materials must conform to all applicable
federal, state and local law.
Online System Backup.
Online System Backup Services, such as Swapdrive,
Carbonite and others, upload the contents of your
computer's hard disk drive(s) in a continuous stream
that puts excessive pressure on the upload
capability of an ISPs network. Therefore,
AZCI.net, requires the users of such services to
schedule the service to run between the hours of
12midnight and 6am in the morning. Failure to
observe this schedule may result in the suspension
of your service until you confirm that you have
rescheduled the backup process.
Harm to Minors. Users are prohibited from
using the Services to harm, or attempt to harm,
minors in any way.
Threats. Users are prohibited from using the
Services to transmit any material (by email,
uploading, posting, or otherwise) that threatens or
encourages bodily harm or destruction of property.
Harassment. Users are prohibited from using
the Services to transmit any material that harasses
another person or party.
Fraudulent Activities. Users are prohibited
from using the Services to make fraudulent offers to
sell or buy products, items, or services or to
advance any type of financial scam such as "pyramid
schemes," "Ponzi schemes," and "chain letters."
Forgery or Impersonation. Users are
prohibited from impersonating other parties online
via email, IRC (Internet Relay Chat) or any other
forum. Impersonation includes, without limitation,
using someone else's Internet address, username, or
legal name. Remaining anonymous and the use of
anonymous re-mailers are acceptable. 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. Using deliberately
misleading headers in news postings in order to
avoid spam email address collectors is allowed.
Viruses, Trojan Horses and Worms. Software or
other content downloaded from the Services may
contain viruses and it is the User’s sole
responsibility to take appropriate precautions to
protect the User’s computer from damage to its
software, files and data. Users are prohibited from
posting, transmitting or disseminating any
information or software that contains a virus,
Trojan horse, worm or other harmful program or that
generates levels of traffic sufficient to impede
others' ability to send or retrieve information.
Prohibited conduct of this type includes denial of
service attacks or similarly disruptive
transmissions, as well as transmissions containing
other harmful or malicious features.
Spamming, Unsolicited Commercial or Bulk Email.
Spamming is strictly prohibited. For the purposes of
this User Agreement, “spamming” is defined as using
the Services to transmit or facilitate the
transmission of mass unsolicited commercial or bulk
email, posting 20 or more copies of a single article
to a USENet newsgroup, or cross posting to more than
20 newsgroups, or repetitive posting of off-topic
articles to any newsgroup.
Unauthorized Access. Users are prohibited
from using the Services to access, or to attempt to
access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of
AZCI.net Communications 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.
Copyright or Trademark Infringement. Users
are prohibited from using the Services to transmit
any material (by email, uploading, posting, or
otherwise) that infringes any copyright, trademark,
patent, trade secret, or other proprietary rights of
any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the
digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted
software.
Collection of Personal Data. Users are
prohibited from using the Services to collect, or
attempt to collect, personal information about third
parties without their knowledge and consent.
Reselling AZCI.net Services. Reselling
the Services without the express written
authorization of AZCI.net is prohibited.
Network Disruption. Users are prohibited from
using the Services for any activity which adversely
affects the ability of other people or systems to
use AZCI.net services or the Internet. This
includes "denial of service" attacks against
AZCI.net, another network host or individual
user. Interference with or disruption of other
network users, network services or network equipment
is prohibited, including using peer to peer services
in excess of 32kbps. It is the User's responsibility
to ensure that their network is configured in a
secure manner. A User may not, through action or
inaction, allow others to use their network for
illegal or inappropriate actions. A User 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.
Commercial Use. Commercial activities on
AZCI.net systems are prohibited on non-business
accounts. The home and personal Services are
intended for periodic, active use of email,
newsgroups, file transfers, Internet chat, games,
and browsing the World Wide web. Users may stay
connected so long as they are actively using the
connection for the specified purposes. User may not
use the home and personal Services on a standby or
inactive basis in order to maintain a connection.
Only one concurrent connection per dialup account is
allowed. AZCI.net maintains the right to
terminate any User’s connection following an
extended period of inactivity, as determined by
AZCI.net. If the User persistently violates
these provisions, AZCI.net may require
account termination or conversion to a dedicated
account. AZCI.net offers special business
oriented accounts; to inquire contact AZCI.net
Sales at 1-866-701-FAST for details.
Exceeding web Site Size and Traffic Limitations:
AZCI.net supports both personal and business
web sites. Each site is allowed a specified amount
of disk usage and external throughput from the site
per month. As needed, Users may use more than their
allotted disk space. If an account's average (polled
over the course of one month) disk usage exceeds
their allotment, an additional fee will be assessed
on a per megabyte basis. Similarly, if the total
throughput generated from hits to a web site from
outside AZCI.net network exceeds the allotted
throughput, a fee will also be assessed on a per
quarter gigabyte basis. Current limits and rates can
be viewed in the hosting section of the AZCI.net
web site.
Servers: Users may not operate, or allow
others to operate, servers of any type or any other
device, equipment, and/or software providing server
like functionality in connection with the Services,
unless expressly authorized by AZCI.net.
Misuse of Service: Users are responsible for
any misuse of the Services that occurs through the
User’s account. User must therefore take steps to
ensure that others do not AZCI.net
unauthorized access or misuse the Services.
REVISIONS TO THIS ACCEPTABLE USE POLICY
AZCI.net reserves the right to amend or
modify this Use Policy at any time and in any
manner, at its sole discretion, and the most current
version will be made available to User at User's
request.
REPORTING VIOLATIONS OF THE USE POLICY TO
AZCI.net
For any questions regarding this Use Policy,
complaints of violations, or cancellation notices,
please contact AZCI.net at: abuse@AZCI.net
or 1-866-701-FAST. If available, please provide any
evidence you may have of the alleged violation,
along with any technical data including IP
addresses, domain names, and/or log data and the
date and time of the alleged violation.
REMEDIAL ACTIONS
BY AZCI.net COMMUNICATIONS
AZCI.net reserves the right, to be exercised
in its sole discretion, to take any one or more of
the following actions in response to complaints:
1. Issue written or verbal warnings
2. Fully or partially suspend or terminate certain
services or account privileges
3. Fully or partially suspend or terminate accounts
4. Bill the suspended or terminated party for
administrative costs and/or reactivation charges
5. Bring a cause of action requesting equitable or
legal relief against violators.
Should AZCI.net deem it necessary to
discontinue service, the User will be responsible
for all charges on their account as of the date of
termination including a prorated amount for the
current month.
CONFLICT
In the event of a conflict between the User’s
service agreement and this Policy, the terms of the
User’s Service Agreement will prevail.
June, 2005 |