NETWORK MANAGEMENT POLICY
TERMS AND CONDITIONS
All customers should read this document. You are responsible for the policy written here and your account WILL BE DISABLED WITHOUT WARNING if you violate it.
• (Information about reporting abuse of this policy is provided below)
This Internet Access Service sets forth an Acceptable Use Policy with the intent of protecting our service, our customers, and other users of the Internet from potentially abusive actions taken by our customers. The following policy is non-exclusive; any action about which there is doubt should be referred to WesTel Systems for evaluation. We may alter this policy from time to time as need dictates.
STATEMENT OF RESPONSIBILITY
* Each Internet account on this service has a password that is the key to gain access to the account. The customer who registered the account is solely responsible for all access and actions taken with regard to the account. It is the account owner’s responsibility to safeguard the account password and to ensure that Acceptable Use Policies are honored. We will hold the account owner responsible for any violations of the AUP.
* Any customers directly attached to this Internet Access Service are expected to adhere to the Acceptable Use Policies. The individual who agreed to direct-connect service is responsible for educating site users on acceptable use policies. Violations of the AUP by directly attached sites will be referred to the connection purchaser for resolution. The connection purchaser will be held responsible for any violations of the AUP.
* This Internet Access Service enforces these policies with respect to our customers only. We are not responsible for abusive actions which originate from other sites or networks on the Internet.
* Each customer agrees that the Internet Access Service and any entity or person connected or affiliated therewith may release the customer’s electronic communications and/or account access records to the authorities in connection with a criminal investigation or in response to a subpoena or court order, should that information be requested and is available..
ACCEPTABLE USE: NETWORK
Acceptable use of the Internet Access Service network facilities does NOT include:
* Attempting to circumvent user authentication or security of any host, network, or account on this Internet Access Service systems or the Internet at large (“cracking”).
* Use of this Internet Access Service systems or networks (willfully or negligently) in a manner that encumbers disk space, processors, bandwidth, or other system resources so as to interfere with others’ normal use of services on this Internet Access Service or other systems and networks (“denial of service”attack).
* Activities which violate local, state, or federal statutes.
ACCEPTABLE USE: DOMAIN NAMES
This Internet Access Service provides domain name service for web page customers. Keeping registry information updated and accurate is the responsibility of the domain holder and not this Internet Access Service. Acceptable use of this domain name service does NOT include:
* Falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts.
ACCEPTABLE USE: MESSAGING
Acceptable use of Messaging does NOT include:
* Sending mass communications of any nature.
* Sending a large number of messages, or singularly large messages, to a single address in order to flood someone’s mailbox.
* Forging headers to obscure the true originator of the message.
* Creating or participating in pyramid schemes or chain letters.
* Sending harassing messages, either by language, size, or frequency.
This includes sending messages to a person who has asked explicitly that you do not.
* Activities which violate local, state, or federal statutes.
ACCEPTABLE USE: INTERNET ACCESS
* Hi-speed access services shall be assigned changing (dynamic) IP addresses unless otherwise specified in the customer agreement. We reserve the right to change these IP numbers.
* Customer is forbidden from using Internet access for resale purposes or from supplying this Internet access to other locations, customers, people, businesses or entities.
* Internet speeds for your service will not exceed limits set by F.C.C. regulations and are the maximum available download speeds for that particular level of service. Actual speeds will vary depending on service package selected and factors such as customer’s computer configuration and performance, overall Internet traffic, weather and/or other factors.
ACCEPTABLE USE: WEB SITES
Acceptable use of this Internet Access Service web space does NOT include:
* Distribution of pornographic or otherwise indecent or offending materials.
* Distribution of restricted software or materials in violation of copyrights or distribution licenses.
* Distribution of materials which violates local, state, or federal statutes.
This Internet Access Service reserves the right to restrict or terminate service without refund in the event of an AUP violation. This Internet Access Service also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of this Internet Access Service. Use of this Internet Access Service systems and network constitutes understanding and agreement of this policy.
REPORTS OF ABUSE
This Internet Access Service provides an email address for use in reporting abusive activities originating from our customers as outlined in this Acceptable Use Policy. Please note, abuse originating from customers other than our own cannot be handled by us. Report those instances to the provider/site that has authority over the abusive user.
* When reporting email or Usenet abuse, include a FULL copy of the message, including headers. This information is required in order for any action to be taken.
* When reporting other types of abuse, include details such as log files documenting the incident. We cannot act on your word alone, we must have documented proof of an incident.
* Send your report in email to email@example.com. Due to the number of reports submitted pertaining to a single abuse incident, it is not always possible for us to respond to each and every report.
NOTE: The action taken on abuse reports will be at the sole discretion of this Internet Access Service. Our intent is NOT to be The Net Police, but to simply do our part to insure quality access and use of the Internet to all of our customers and to the Internet community at large.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains all required information, if we have sufficient information to identify the customer, we will notify the subscriber of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on our domain. No personal, subscriber information is shared with the copyright owner unless required by law.
WesTel Systems respects the owners of copyrighted materials and their rights under federal law. We do not permit our service to be used to infringe copyrights. If one of our broadband subscribers is an infringer, we will take actions to attempt to stop such conduct, including and up to terminating the service of a repeat infringer in appropriate circumstances.
WesTel Systems is registered under the Digital Millennium Copyright Act (“DMCA”). If, as a copyright owner, you believe that WesTel Systems subscriber has used material that infringes an exclusive right you have with respect to such material, you or your authorized agent may file a Notice of Claimed Infringement with us. The Notice of Claimed Infringement must be sent to our designated agent:
Attn: DMCA Agent
12 E 3rd St
Remsen, IA 51050
Notices must be in writing and must contain the following minimum elements required by DMCA:
· A Physical or electronic signature of a person authorized to act on your behalf as the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple copyrighted works at a single online site are covered by a single notification
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with the infringing IP address, and time, date, and the time zone during which such allegedly infringing activity occurred, to permit us to locate the material.
· Information reasonably sufficient to permit us to contact you, the copyright owner, or your authorized agent, such as an address, telephone number and, if available, an electronic mail address at which you or your authorized agent may be contacted.
· A statement that you or your authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law.
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.