Copper-Free Networks Acceptable Use Policy

July 26, 2002

Copper-Free Networks goal is to provide our customers with the best Internet service available. In line with that goal, Copper-Free Networks has adopted an Acceptable Use Policy (AUP) that is shown below. This policy outlines the proper use of the Copper-Free Networks Internet service (the “Service”) as well as proper conduct on the Internet while using the Copper-Free Network Internet service. All the policies and restrictions described herein are in addition to those contained in the Copper-Free Networks Internet Subscriber Agreement (the “Subscriber Agreement”).

It is the responsibility of all Copper-Free Networks Internet customers, and all others who have access to Copper-Free Networks' Internet access network (“the Customer” or “You”), to comply with these policies. As a Copper-Free Networks Internet access customer, you are responsible for securing all your own computer equipment so that it is not vulnerable to Internet attacks such as viruses and other methods of intrusion. Your failure to comply with or follow these or any other publicly available Copper-Free Networks policies could be cause for suspension or termination of your Copper-Free Networks Internet access account. If you do not agree to comply with all of these policies, you must immediately stop use of the Service and notify Copper-Free Networks so that your account may be closed.

Prohibited uses include, but are not limited to, using the Copper-Free Network Equipment (as defined in the Subscriber Agreement) or the Service to

1. attempt or accomplish any unlawful purpose or act. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is unlawful, libelous, obscene, harassing, stalking, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;

2. post, store, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful;

3. access any other person’s computer, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for Customer, logging into or making use of a server or account Customer is not expressly authorized to access, or probing the security of other hosts, networks or accounts; either voluntarily or not. In particular, attempting to obtain passwords, PIN numbers, financial account numbers, personal identifying numbers, or other forms of identity theft,

4. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or trojan horse programs. Unauthorized port scanning, for any reason, whether known or not is strictly prohibited and constitutes grounds for immediate service disconnection;

5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise which is protected by copyright or other proprietary right, without obtaining permission of the owner;

6. copy, distribute or sublicense any software provided in connection with the Service by Copper-Free Networks or any third party, except that Customer may make one copy of each software program for back-up purposes only;

7. restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or utilize the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, trojan horse program, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information (Denial Of Service);

8. restrict, inhibit, interfere with, jam or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Copper-Free Networks' (or Copper-Free Networks' upstream supplier) network bridge, host, server, wireless airspace, backbone network, node or service, or otherwise cause a performance degradation to any Copper-Free Networks (or Copper-Free Networks' upstream supplier) facilities used to deliver the Service;

9. resell the Service or otherwise make available to any unauthorized person outside the Premises the ability to use the Service (i.e. wired, fiber-optic, optical, wireless, or any other methods of networking) without the express knowledge and permission of Copper-Free Networks. The Service is for personal use by the residential customer's family members or business customer's employees. Customer agrees not to use the Service for operation as an Internet Service Provider.

10. transmit unsolicited bulk or commercial email (UCE) or instant-messaging messages or any other form of Internet communication commonly called Spam. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material; bulk relaying or emailing of commercial advertising, chain mail, unsolicited informational announcements, unsolicited charity requests, and unsolicited petitions for signatures;

11. send numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service (Mailbombing)

12. distribute software programs that circumvent software locks or demonstration time-outs built into software (cracks);

13.  initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;

14.  harvest e-mail addresses, screen names, web addresses, or other identifiers of others (without their prior express written consent) or participate in so-called “spidering;”

15. collect responses from unsolicited messages;

16. impersonate any person, Internet website, or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity with intent to use the identity of another for any purpose.

Any lawful policy set forth by another Internet service provider accessed through the Service must be strictly adhered to and is hereby incorporated into this policy.

Customer agrees to indemnify, defend and hold harmless Copper-Free Networks, it's officers, employees, and its affiliates against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the prohibited activities listed in this AUP or resulting from violation by Customer of the AUP or of any other posted Copper-Free Networks policy related to the Service.

A current copy of this AUP is available online at http://www.copper-free.net or may be obtained by contacting any Copper-Free Networks office. Copper-Free Networks expressly reserves the right to make modifications or changes to this AUP from time to time. It is the responsibility of the Customer to review and comply with the current AUP as described herein.

 

 

 

 

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