Acceptable Use Policy and Internet Service Disclosure Statement
This Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. It is not a "terms of service" or a billing guideline. Please refer to your Terms of Service for terms and conditions applicable to your Internet Service. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS AUP, YOU MAY NOT ACCESS OR USE THE SERVICE.
This WTC Internet AUP applies to Residential Consumer and Business customer use of Internet Service ("Services") provided by WTC ("Service Provider"). Your use of the Services indicates your acceptance of and agreement to abide by this Acceptable Use Policy. It is designed to help protect the Service, Service Provider customers and the Internet community from irresponsible or illegal activities. Service Provider may modify this AUP from time to time. In the event of any inconsistency between Service Provider Acceptable Use Policy and the terms of any service agreement, this Acceptable Use Policy shall govern and control.
Service Provider reserves the right in its sole discretion to deny or restrict your use of the Services, or immediately to suspend or terminate your Services, if the use of your Services by you or anyone using it, in our sole discretion violates your Terms of Service or other Service Provider policies, is objectionable or unlawful, interferes with the functioning or use of the internet or Service Provider network by Service Provider or other users or violates the terms of this AUP.
This section is used to address actions, content and or practices that are prohibited by law and by rules set forth by the Service Provider. Please review the sections below before using Service Provider's services or networks. The restrictions are not negotiable. Not all services provided by Service Provider are listed or mentioned but are bound by this document. Users found to engage in activities that Service Provider determines, in its sole discretion, are in violation of this AUP will have their accounts terminated. Violators may also be subject to any appropriate legal action and/or consequences. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected illegal activity or civil wrong. Activities or use of Services considered by Service Provider to be a violation of this AUP are as follows, but are not limited to:
Service Provider reserves the right to limit, restrict and/or prohibit services it provides to customers, as Service Provider determines necessary. The restrictions mentioned apply to all users unless specifically documented.
Service Provider reserves the right to limit the file size of individual email mailboxes at its sole discretion. Individual email mailboxes found over the limit will be subject to deletion without notice. Deleted email will not be restored or saved. Service Provider reserves the right to limit the maximum transfer limit of any one message in its sole discretion. Service Provider reserves the right to reject or filter email based on source address and content. Examples are, but are not limited to, virus filtering and blocking open relay mail servers.
Service Provider will not make back-ups of a customer's email.
The services may not be used to transmit, retransmit, or distribute by e-mail or any other method any material that violates any condition of this AUP in the sole judgment of WTC. Activities considered by Service Provider to be a violation of this AUP are as follows, but are not limited to:
Service Provider has a "zero tolerance" policy for SPAM. Any User of Service Provider services found to be actively distributing or engaged in the mass distribution of unsolicited emails without consent of the intended receiver may have their account(s) terminated and all future access to Service Provider's services and network revoked.
You may not use the Service or any Equipment or Software provided by Service Provider:
(a) to send e-mail of a personal, bulk or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, except to those who have requested such e-mails via a confirmed opt-in subscription process maintained by You;
(b) to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from You;
(d) to conduct "mail bombings" (e.g., to send more than ten copies of the same or substantially similar message, or to send very large messages or files, with the intent of disrupting a server or account);
(e) to send or forward make-money-fast schemes or chain/pyramid letters (whether or not the recipient requests it);
(f) to harvest e-mail addresses or personal information of other Service Provider subscribers or the subscribers of any other network; or
(g) to use another Internet site's mail server to relay mail without the express permission of the owner of that Internet site.
(h) to use e-mail or the internet in violation of federal law or the rules of the Federal Communications Commission.
Service Provider restrictions to Ethernet services are:
Serving of any kind is NOT allowed without express written consent from Service Provider. Consent should be given in a separate service contract and should be producible by the customer upon request from Service Provider.
Re-selling Service Provider's services or offering use of Service Provider's services for adding value to a commercial entity without Service Provider's authorization is prohibited. Service Provider's services are designed for the account holder's use of the Internet and may not be used for commercial purposes without the Service Provider's explicit consent. You also agree not to use Service Provider's services for operation as an Internet Service Provider (WTC), or for any other business enterprise including, without limitation, IP address translation or similar facilities intended to provide access, operating or allowing others to operate servers of any type, or any other device, equipment and/or software providing server-like functionality in connection with Service Provider's services, unless expressly authorized.
Other services not specifically listed in this AUP but that are provided by Service Provider are bound by this AUP.
The AUP of Service Provider's upstream providers also bind Service Provider users. An "upstream provider" is any provider that provides Service Provider bandwidth and/or other services.
Violations of system or network security are prohibited and may result in criminal and civil liability. Service Provider will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Service Provider respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Service Provider ' systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Service Provider to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where:
(i) a Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer,
(ii) where a valid, effective and uncontested notice has been provided to Service Provider alleging facts which are a violation by the Subscriber or account holder of Service Provider Copyright Policy prohibiting infringing activity involving Service Provider systems or servers, or
(iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Service Provider expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if Service Provider, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Service Provider may have under law or contract.
You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify Service Provider if you become subject to any such order.
You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, delay, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with Service Provider and provide requested information in connection with all security and use matters. You agree to notify Service Provider promptly if you suspect unauthorized use of the Service or of your UserID. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Service Provider network.
Users need to be aware that they do not operate in a vacuum. Safe practices need to be taken by the users to protect themselves and others.
Users are responsible for account passwords and should keep them safe.
Do NOT share account information.
Do NOT leave username and passwords in the open.
If a user feels that the account was compromised, the username and or password should be changed at once.
Do NOT "save" user names or passwords. Each should be entered at each login.
Users are responsible for protecting their own equipment. Anti-virus software and personal firewalls are not required but strongly encouraged.
Users are responsible for any misuse of Service Provider services that occurs through user's account. Users are responsible for protecting their accounts and must take steps to insure that others do not gain unauthorized access to user's account or misuse Service Provider's services.
Service Provider administrators, staff, and executives have sole and final discretion over all aspects of service, the network, and this AUP. Service Provider reserves the right to terminate any account or service without cause or prior notice.
Service Provider does not intend to actively monitor the content of web sites, e-mail, news groups, or material created or accessible over its services. Service Provider reserves the right to monitor such services or any services on or within our network.
Reporting Violations and complaints:
Changes to this AUP are considered effective immediately and it is the end user's responsibility to stay current. Service Provider can make changes to the AUP at any time without notice. Changes to this document will be available on Service Provider's web page. Service Provider may, but is not required to, monitor your compliance, or the compliance of other subscribers, with this Acceptable Use Policy.
WTC utilizes reasonable practices to ensure the security, integrity and performance of its Internet network. These practices include but are not limited to:
This Disclosure statement applies only to the network owned by or otherwise under the control of WTC, and/or any affiliates. WTC is not making any disclosure of any network management practice that may be employed by other network or service providers who may be involved in the customer’s broadband Internet access service.
Please contact Customer Service at 785-456-1000 if you have any questions or concerns about this Disclosure Statement.