APT Point Net's
- Acceptable Use Policy -
Subscriber Access
Terms and Conditions
This Policy
represents APT Point Net's Acceptable Use Policy ("Policy") applicable to the
customers ("CUSTOMER") of APT Point Net and its subsidiaries and supersedes any
other written or oral Policy. Upon notice published on-line via APT Point Net's web
page APT Point Net may modify the Policy, amplify the Policy, as well as discontinue or
change services offered.
APT Point Net reserves the right to revise this Policy at any time. CUSTOMER may
view the most up-to-date version of this policy at any time at http://www.apt.net.
By using any of the services offered by APT Point Net, Inc., CUSTOMER is bound by and
must comply with this Policy in its entirety. Violations of the guidelines,
delineated below, will result in cancellation of the CUSTOMER account. Policy or such
other action as APT Point Net, Inc., in its sole discretion, may deem appropriate.
I. SYSTEM AND NETWORK SECURITY
- CUSTOMER may not tamper with other accounts, or commit unauthorized intrusion into any
part of APT Point Net's system, or use any of APT Point Net's machines, files, accounts,
networks to intrude without authorization into any other system.
- CUSTOMER may not use APT Point Net's services not included in CUSTOMER's account, nor
devise ways to circumvent security in order to access services CUSTOMER is not paying for.
This clause includes, but is not limited to, the scanning of APT Point Net's or other
networks with intent to breach and/or evaluate security.
- CUSTOMER may not use the system in a manner that encumbers disk space, processors or
other system resources beyond those allowed by the specific type of account.
CUSTOMERS may not make deliberate attempts to interfere with a service, overload a service
nor attempt to disable a host.
- APT Point Net will react strongly to the use or attempted use of Internet services or
systems without the owner's authorization. This clause includes, but is not limited
to, password cracking, defrauding others into releasing their passwords, denial-of-service
attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding,
half-open TCP connection flooding, etc.). Additionally, customers may not use
programs, scripts, commands nor send messages with the intent to interfere with a user's
terminal session.
II. EMAIL
CUSTOMER may not send unsolicited e-mail to any account that has not specifically
requested such unsolicited information or that causes complaints from the recipients of
such unsolicited e-mail. APT Point Net services should not be used to send
unsolicited advertising messages to other network users. CUSTOMER may not flood/spam
newsgroups with commercial or non-commercial postings.
In the event that CUSTOMER sends unsolicited e-mail through APT Point Net's Network
CUSTOMER agrees to pay APT Point Net's UBE Cleanup fees. UBE (Unsolicitated Bulk
Email) is defined in Section II Paragraph 1. Apt.net's fees for UBE Cleanup are $500
+ $1.00 per message sent + $10.00 per complaint received at APT Point Net. These charges
are also posted on APT Point Net's web site and may be
changed at any time.
CUSTOMERS may not continue to send commercial e-mail to a recipient if recipient has
requested that CUSTOMER discontinue such communication.
APT Point Net prohibits the transmission of e-mail that is harassing, libelous,
defamatory, legally obscene or pornographic, threatening, abusive or hateful to
non-consenting recipients.
The forwarding or propagation of chain letters of any type (including charity requests
or petitions for signatures) is not allowed.
"Mailbombing" (i.e. flooding a user or site with large or numerous e-mail
messages) is strictly prohibited.
CUSTOMERS may not forge header information.
APT Point Net prohibits the use of CUSTOMER's account, or network connection, to collect
replies of messages sent from any another provider that violates the rules of this Policy
or those of the originating provider.
The rules and regulations contained within this Policy apply to other means of
Internet-based transmissions, including, but not limited to Internet fax or Internet
phone.
III. USENET
APT Point Net may provide CUSTOMERS with uncensored newsfeed. APT Point Net does
not control newsgroup content nor is APT Point Net responsible for postings by APT Point
Net's CUSTOMERS.
It is the responsibility of posters to determine a newsgroup's etiquette. Therefore,
CUSTOMERS that submit content to newsgroups must refrain from posting advertisements or
other messages that are not expressly permitted by a newsgroup's charter or
FAQ. Posters are expected to submit messages relevant to the newsgroup's topic and
agree not to submit the same message to large numbers of forums or newsgroups.
CUSTOMERS are prohibited from forging header information and from posting chain letters
of any type.
CUSTOMERS may only post binary files to newsgroups designed for that purpose.
CUSTOMERS may not cancel nor supersede a posting of a message other than their own
unless they serve as newsgroup moderators in the performance of their online
responsibilities.
APT Point Net prohibits the use of CUSTOMER's account, or network connection, to collect
replies of messages sent from any another provider that violates the rules of this Policy
or those of the originating provider.
At no time whatsoever, NEVER, shall APT Point Net knowingly condone or permit the
inclusion of any materials relating to child pornography in its news feeds or customer
base. With proper notice, APT Point Net will investigate and react to any allegation or
affiliation of child pornography content used by a CUSTOMER or included in any newsgroup.
IV. INTERNET RELAY CHAT (IRC)
APT Point Net does not maintain an IRC server, however, CUSTOMERS may use their Internet
connection to access the server of another provider. In such a case, CUSTOMER is
obligated to abide by the rules set forth by that provider as well as follow proper IRC
etiquette.
It is the responsibility of the CUSTOMER to adhere to the guidelines, implied or
implicit, of a Chat Room's rules of decorum. If a CUSTOMER, through his/her own behavior
or mere presence, causes other member(s) of said Chat Room to SPOOF or otherwise cause a
flood of packets directed at CUSTOMER to arrive at APT POINT NET systems, interrupting or
negatively impacting on the operational functionality of any or all servers, or delivery
of service, of APT POINT NET, CUSTOMER's account can or will be terminated.
V. DIALUP ACCESS
APT Point Net does not warrant that the POP (Point of Presence) dial in phone numbers
provided are local, non-toll calls from CUSTOMER's location. CUSTOMER should check with
the local exchange carrier in their area to verify local calling areas from their phone
number. APT Point Net is not responsible for charges incurred by CUSTOMER from any
telephone to APT Point Net for extended calling area, nor is it responsible for toll calls
placed to APT Point Net.
Although dial-up access is unlimited (i.e. we do not bill for access), it is not
intended to be a full time connection nor are multiple concurrent logins permitted, unless
specifically provisioned in service provided. On-line usage may not exceed 160 - 200 hours
per month, 40 - 50 hours per week averaged. This amount of usage time frames are better
than industry standards. After 15 minutes of inactivity, line will be disconnected.
CUSTOMER agrees not to use any automatic method to avoid inactivity disconnect or
automatic reconnection procedures to keep the connection active other than when the
registered member is actively using it.
APT Point Net accounts cannot be transferred or used by anyone other than the CUSTOMER.
No more than one login session can be used at any time by the CUSTOMER on any system
account unless specifically provisioned for such multiple simultaneous logins(ie.
MultiLinkPPP). If the CUSTOMER has multiple accounts, the CUSTOMER is limited to one login
session per system account at any time.
VI. GENERAL
Internet connections and all other services provided to the CUSTOMER by APT Point Net
may only be used for lawful purposes. Transmission or storage of any information, data or
material in violation of any U.S. Federal or state regulation or law is prohibited. This
includes, but is not limited to, material protected by copyright, trade secret or any
other statute, threatening material or obscene material. APT Point Net reserves the right
to remove any and all materials that infringe on copyright work. Such materials may be
removed at any time upon receiving a complaint and/or notice of alleged copyright
infringement.
Certain Internet services may contain language, pictures or other content which some
individuals may find offensive, inflammatory, or of an adult nature. APT Point Net does
not endorse such materials and disclaims any and all liability for such content. Access to
such materials is at CUSTOMER's own risk.
Use of any information obtained via APT Point Net is at your own risk. APT Point Net
specifically denies any responsibility for the accuracy or quality of information obtained
through its services.
Use of other organizations' networks or computing resources is subject to their
respective permission and usage policies.
CUSTOMER agrees not to resell APT Point Net's products without the prior written consent
of APT Point Net.
If APT Point Net cancels CUSTOMER's account for any reason, CUSTOMER agrees not to
reregister without APT Point Net's written consent. In the event CUSTOMER reregisters
without APT Point Net's prior written consent, APT Point Net will cancel CUSTOMER's
account and all dues and fees paid to date regardless of whether service has been rendered
will be forfeited. Additionally, any amounts owed in arrears, will be made due and payable
immediately.
APT Point Net requires that CUSTOMER is qualified to contract. APT Point Net cannot
accept payments from persons who are not at least eighteen (18) years of age. CUSTOMER
will be held responsible for keeping all billing data for APT Point Net accurate and up to
date. False data supplied for the contract between APT Point Net and CUSTOMER will be
grounds for account termination.
APT Point Net exercises no control whatsoever over the content of the information
passing through it.
The CUSTOMER agrees to defend, hold harmless, and expeditiously indemnify APT Point Net
from any and all liability, claim, loss, damage or expense arising out of CUSTOMER's
breach or violation of any covenant contained in this Policy, or resulting from the
CUSTOMER's use of the service.
. CUSTOMER agrees to waive and hold APT Point Net harmless from any claims relating to
any action taken by APT Point Net as part of an investigation into a suspected violation
of this Policy or as a result of its conclusion that a violation of this Policy has
occurred. Therefore, CUSTOMER cannot sue or recover any damages whatsoever from APT Point
Net as a result of the decision to remove material from its server, or to suspend or
terminate CUSTOMER's account.
VII. POLICY ENFORCEMENT
When APT Point Net becomes aware of an alleged violation of its Acceptable Use Policy,
APT Point Net will initiate an investigation. During the investigation APT Point Net may
restrict CUSTOMER's access in order to prevent further possible unauthorized activity.
Depending on the severity of the violation, APT Point Net may, at its sole discretion,
restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If
such violation is a criminal offense, APT Point Net will notify the appropriate law
enforcement agency of such violation.
VIII. COPYRIGHT INFRINGEMENT
If APT Point Net becomes aware of material that could be infringing on a third party's
copyright, posted by CUSTOMER, it will initiate an investigation. If APT Point Net
receives from a Complainant a claim with the applicable copyright or trademark
registration number; a copy of the underlying copyrighted work along with the CUSTOMER'S
materials; and, a good faith certification, signed under penalty of perjury, that the work
is the property of the Complainant, that the work has been copied and that use of the work
is not defensible, APT Point Net, in its discretion, may, at any time, deny access to the
challenged material of CUSTOMER.
APT Point Net will notify CUSTOMER of the copyright infringement allegation and will
allow CUSTOMER to respond to the allegation(s).
APT Point Net shall have no liability, directly or indirectly, to Complainants or third
parties for CUSTOMER'S infringing copyrighted materials. CUSTOMER shall reimburse APT
Point Net for all expenses associated with processing valid infringement allegations and
defending any and all legal claims associated therewith.
IX. REPORTING NETWORK ABUSE
Any party seeking to report any violations of APT Point Net's policy may contact via
e-mail: abuse@apt.net .
these pages copyright © 1999 admin@apt.net
APT POINT NET, Inc. PO Box 160217 Hialeah, FL 33016
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