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EARTHNET ACCEPTABLE USE POLICY

Policy Introduction

Earthnet has published this Acceptable Use Policy as part of our overall effort to provide high quality, reliable service to our customers; protect the privacy and security of our customers, systems, and networks; encourage responsible use of Earthnet’s and other Providers’ resources; and comply with applicable laws. This Policy describes the types of uses of Earthnet Services which are contrary to our objectives and which are, therefore, prohibited. To achieve our objectives, Earthnet may in its sole discretion determine whether a use of Earthnet Services is a violation of this Policy. While it is not Earthnet’s intent to monitor, control, or censor communications on or over Earthnet Services, when we become aware of a violation of this Policy, we may take such action as we deem appropriate to address the violation, as referenced below.

This Policy applies to all customers of Earthnet’s Services, and to all other users of the Earthnet Network. This Policy supplements, but does not supersede, the contracts that customers have with Earthnet; if such a contract restricts a use of Earthnet Services that are not addressed in this Policy, the contract will govern with respect to such use.

Prohibited Uses

Uses of Earthnet Services described below are prohibited under this Policy. These descriptions are guidelines and are not intended to be exhaustive.

Illegal/Criminal Activity

Earthnet Services may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include but are not limited to: theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.

Upstream Providers

Earthnet Services may not be used in a manner which violates the acceptable use policies of Earthnet’s upstream providers, which include but are not limited to: Internap, Century Link, AT&T, and the Colorado Internet Cooperative.

Security Violations

Earthnet Services may not be used in connection with attempts – whether successful or not – to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

Earthnet customers are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this Policy. Examples include improperly securing a mail server so that it may be used by others to distribute spam, and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

Threats

Earthnet Services may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

Service Type Violations

Use of services for purposes other than those designated by Earthnet is prohibited. This includes using residential internet access for serving content or sending commercial email.

Offensive Materials

Earthnet Services may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.

Spam

Spam is an unacceptable use of Earthnet Services. Spam includes any of the following activities:

  • Posting a single message, or messages similar in content, to more than five online forums or newsgroups.
  • Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
  • Collecting the responses from unsolicited email.
  • Sending any unsolicited email that could be expected, in Earthnet’s discretion, to provoke complaints.
  • Sending email with charity requests, petitions for signatures, or any chain mail related materials.
  • Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
  • Sending email that does not accurately identify the sender, the sender’s return address, and the email address of origin.
  • Using Earthnet facilities to violate another Internet Service Provider’s acceptable use policy and/or terms of service.

Indirect Access

A violation of this Policy by someone having only indirect access to Earthnet Services through a customer or other user will be considered a violation by the customer or other user, whether or not with the knowledge or consent of the customer or other user. As an example, Application Providers are responsible for the actions of customers to whom they provide services operating on or over Earthnet Services. Earthnet will address and attempt to resolve complaints about the actions of customers of Providers with the Provider.

In addition, this policy applies to any email or content transmitted by you or on your behalf which uses an Earthnet account as a mailbox for responses or promotes content hosted or transmitted using Earthnet facilities, or which indicates in any way that Earthnet was involved in the transmission of such email or content.

The resale of Earthnet products and services is not permitted, unless expressly permitted in a written agreement with Earthnet.

Consequences

Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by Earthnet in its sole discretion. When feasible, it is Earthnet’s preference to give notice so that violations may be addressed voluntarily; however, Earthnet reserves the right to act without notice when necessary, as determined by Earthnet in its sole discretion. Earthnet may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.

Incident Reporting

Any complaints regarding violations of this Policy by an Earthnet customer should be directed to abuse@earthnet.net. Where possible, include details that would assist Earthnet in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Contact Information

Please contact the Earthnet abuse desk by sending email to abuse@earthnet.net.

Revisions to this Policy

Earthnet may modify this Policy at any time, effective when posted to Earthnet’s public web site. Notice may also be provided via electronic mail or regular mail.

Last Updated On: October 2, 2013