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Acceptable Use Policy
GorillaNET – Acceptable Use Policy
The Provider may revise this High-Speed Internet Acceptable Use Policy (the “AUP” or “Policy”) from time to time with or without notice by posting a new version of this document on The Provider’s Web site. All revised copies of the Policy are effective immediately upon posting. Accordingly, should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version.
It is The Provider’s intent to provide Customers and authorized users of The Provider’s Internet services (collectively, the “Internet Service”) with the best high speed Internet Service possible. In order to accomplish this task, The Provider has adopted this High-Speed Internet Acceptable Use Policy (the “AUP” or “Policy”). This Policy outlines acceptable use of the Internet Service, as well as permissible and prohibited conduct for using the Internet Service. This Policy, including its customer use restrictions, is in addition to the restrictions contained in Schedule A, Terms and Conditions applicable to the Internet Service (collectively, the “Agreement”).
All capitalized terms used in this AUP that are not defined here have the meanings given to them in this Agreement.
It is the responsibility of all Customers, and all others who have access to The Provider’s network, to comply with this AUP and all The Provider’s policies. The Internet Service Customer is responsible to secure its equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other The Provider policies could result in the suspension or termination of the Customer’s Internet Service. If the Customer does not agree to comply with all of these policies including the AUP, the Customer must immediately stop use of the Internet Service and notify The Provider so that its account may be closed. In this case, termination or other charges may apply.
Notwithstanding, The Provider reserves the right to immediately terminate the Internet Service and at its option, if the Customer engages in any of the prohibited activities listed in this AUP or if the Customer uses The Provider’s Equipment or Internet Service in a way which is contrary to any The Provider’s policies or any of The Provider’s suppliers’ policies. In this case, termination or other charges may apply. The Customer must strictly adhere to any policy set forth by another Internet Service provider accessed through the Internet Service.
1. Prohibited Uses and Activities
Prohibited uses include, but are not limited to, using the Internet Service, Equipment, and Transferred Equipment, or any other equipment used in connection with the Internet Service to:
undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, 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;
post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, abusive, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
access any other person’s computer or computer system, 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 the Customer, logging into or making use of a server or account the Customer are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
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. Network probing or port scanning tools are only permitted when used to diagnose a problem with the Customer’s local area network (“LAN”), or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Internet Service or otherwise which is protected by copyright or other proprietary right, without obtaining permission of the owner;
copy, distribute, or sublicense any software provided in connection with the Internet Service by The Provider or any third party, except that the Customer may make one copy of each software program for back-up purposes only;
restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Internet Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Internet Service or any The Provider (or The Provider supplier) host, server, backbone network, node or Internet Service, or otherwise cause a performance degradation to any The Provider (or The Provider supplier) facilities used to deliver the Internet Service;
resell or redistribute the service to any third party via any means including wired and wireless technology (including but not limited to the sharing of bandwidth or Services through wireless access points or wired links) without prior written permission ( which permission may be withheld or subject to additional Fees) from The Provider.
transmit unsolicited bulk or commercial messages or “spam” in violation of law. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat Internet Service;
distribute programs that remove locks or time-outs built into software (cracks);
unless the Customer subscribes to a Internet Service plan that expressly provides for a static or statically assigned Internet protocol (“IP”) address, run programs, equipment, or servers from the Premises that provide network content or any other Internet Services to anyone outside of the Customer’s Premises LAN (Local Area Network), also commonly referred to as public Internet Services or servers. Examples of prohibited Internet Services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy Internet Services and servers;
initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
collect responses from unsolicited messages;
impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
alter, modify, or tamper with The Provider’s Equipment, Transferred Equipment or Internet Service or permit any other person to do the same who is not authorized by The Provider;
connect The Provider’s Equipment and/or Transferred Equipment to any computer outside of the Customer’s Premises;
collect, or attempt to collect, personal information about third parties without their consent;
interfere with computer networking or telecommunications Internet Service to any user, host or network, including, without limitation, denial of Internet Service attacks, flooding of a network, overloading a Internet Service, improper seizing and abuse of operator privileges and attempts to “crash” a host; and,
violate the rules, regulations, or policies applicable to any network, server, computer database, or web site that the Customer access.
2. Security
The Customer is responsible for any misuse of the Internet Service, even if the misuse was committed by an employee, contractor, customer, or guest with access to the Customer’s Internet Service account. Therefore, the Customer must take steps to ensure that others do not use the Customer’s account to gain unauthorized access to the Internet Service by, for example, strictly maintaining the confidentiality of the Customer Internet Service login and password. In all cases, the Customer is solely responsible for the security of any device chosen to connect to the Internet Service, including any data stored or shared on that device. The Provider recommends against enabling file or printer sharing of any sort unless it is implemented in strict compliance with all security recommendations and features provided by The Provider and the manufacturer of the applicable file or printer sharing devices. Any files or devices chosen to make available for shared access on a LAN, for example, should be protected with a strong password or as otherwise appropriate.
3. Inappropriate Content and Transmissions
The Provider reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither The Provider nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made on the Internet Service. However, The Provider and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Agreement and any other applicable policies.
4. Electronic Mail
The Internet Service may not be used to send unsolicited bulk or commercial messages in violation of law and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail Internet Services that violate this Policy or the acceptable use policy of any other Internet Service provider. Moreover, unsolicited e-mail may not direct the recipient to any web site or other resource which uses the Internet Service. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail in violation of law, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. The Customer may not reference The Provider or The Provider’s network (e.g. by including “Organization: The Provider” in the header or by listing an IP address that belongs to The Provider or The Provider’s network) in any unsolicited e-mail even if that e-mail is not sent through The Provider’s network or Internet Service.
The Provider Internet Service plans limit the storage of messages on The Provider’s servers to a set number of days and may set a fixed upper limit on the number of messages that the Customer may send or receive through the Internet Service. Neither The Provider nor any of its suppliers shall have any liability for the deletion of, or failure to store, messages or of the mis-delivery of, failure to deliver or the untimely delivery of messages.
The Provider is not responsible for forwarding e-mail sent to any Provider provided e-mail account which has been suspended or terminated. This e-mail will either be returned to the sender, ignored, deleted, or stored temporarily at The Provider’s sole discretion. In the event that The Provider believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Internet Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, The Provider reserves the right to block access to and prevent the use of any such identifier, and/or, may at any time require any customer to change his or her identifier.
5. Instant Messages
The Customer alone is responsible for the contents of Customer initiated instant messages and the consequences of any instant messages. The Provider assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.
6. Network, Bandwidth, Data Storage and Other Limitations
The Customer must comply with all current bandwidth, data storage, and other limitations on the Internet Service established by The Provider and its suppliers. The Customer must ensure that the Customer’s activity (including, but not limited to, use made by the Customer or others of the Internet Service (including b Site Hosting) does not restrict, inhibit, interfere with, or degrade any other user’s use of the Internet Service, nor represent (in the sole judgment of The Provider) an overly large burden on the network. In addition, the Customer must ensure that the Customer’s activities do not restrict, inhibit, interfere with, disrupt, degrade, or impede The Provider’s ability to deliver the Internet Service and monitor the Internet Service, backbone, network nodes, and/or other network Internet Services.
7. Network Bandwidth Limitations
The Customer agrees to comply with all The Provider’s monthly network bandwidth, usage limitations set out in this Agreement. If the Customer’s daily use of the Internet Service results in the consumption of bandwidth in excess of one fifteenth (1/15) of the monthly limitation set out in this Agreement that is a violation of this Policy. In such cases, The Provider may, in its sole discretion, throttle back the Internet Service, terminate or suspend the Customer’s Internet Service account or request that the Customer subscribe to a version of the Internet Service with higher bandwidth usage limitations if the Customer wishes to continue to use the Internet Service at higher bandwidth consumption levels. In the event of termination, termination or other charges may apply.
8. Customer Violation of Acceptable Use Policy
The Provider does not routinely monitor the activity of Internet Service accounts for violation of this AUP. However, in The Provider’s efforts to promote good citizenship within the Internet community, The Provider will respond appropriately if The Provider becomes aware of inappropriate use of our Internet Service. Although The Provider has no obligation to monitor the Internet Service and/or the network, The Provider and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Internet Service; to identify violations of this Policy; and/or to protect the network, the Internet Service and The Provider users.
The failure of The Provider or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
The Customer agree to indemnify, defend and hold harmless The Provider and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from the Customer engaging in any of the prohibited activities listed in this AUP or resulting from the Customer’s violation of the AUP or of any other posted The Provider policy related to the Internet Service. The Customer’s indemnification will survive any termination of the Agreement.
Acceptable Use Policy
GorillaNET – Acceptable Use Policy
The Provider may revise this High-Speed Internet Acceptable Use Policy (the “AUP” or “Policy”) from time to time with or without notice by posting a new version of this document on The Provider’s Web site. All revised copies of the Policy are effective immediately upon posting. Accordingly, should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version.
It is The Provider’s intent to provide Customers and authorized users of The Provider’s Internet services (collectively, the “Internet Service”) with the best high speed Internet Service possible. In order to accomplish this task, The Provider has adopted this High-Speed Internet Acceptable Use Policy (the “AUP” or “Policy”). This Policy outlines acceptable use of the Internet Service, as well as permissible and prohibited conduct for using the Internet Service. This Policy, including its customer use restrictions, is in addition to the restrictions contained in Schedule A, Terms and Conditions applicable to the Internet Service (collectively, the “Agreement”).
All capitalized terms used in this AUP that are not defined here have the meanings given to them in this Agreement.
It is the responsibility of all Customers, and all others who have access to The Provider’s network, to comply with this AUP and all The Provider’s policies. The Internet Service Customer is responsible to secure its equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other The Provider policies could result in the suspension or termination of the Customer’s Internet Service. If the Customer does not agree to comply with all of these policies including the AUP, the Customer must immediately stop use of the Internet Service and notify The Provider so that its account may be closed. In this case, termination or other charges may apply.
Notwithstanding, The Provider reserves the right to immediately terminate the Internet Service and at its option, if the Customer engages in any of the prohibited activities listed in this AUP or if the Customer uses The Provider’s Equipment or Internet Service in a way which is contrary to any The Provider’s policies or any of The Provider’s suppliers’ policies. In this case, termination or other charges may apply. The Customer must strictly adhere to any policy set forth by another Internet Service provider accessed through the Internet Service.
1. Prohibited Uses and Activities
Prohibited uses include, but are not limited to, using the Internet Service, Equipment, and Transferred Equipment, or any other equipment used in connection with the Internet Service to:
2. Security
The Customer is responsible for any misuse of the Internet Service, even if the misuse was committed by an employee, contractor, customer, or guest with access to the Customer’s Internet Service account. Therefore, the Customer must take steps to ensure that others do not use the Customer’s account to gain unauthorized access to the Internet Service by, for example, strictly maintaining the confidentiality of the Customer Internet Service login and password. In all cases, the Customer is solely responsible for the security of any device chosen to connect to the Internet Service, including any data stored or shared on that device. The Provider recommends against enabling file or printer sharing of any sort unless it is implemented in strict compliance with all security recommendations and features provided by The Provider and the manufacturer of the applicable file or printer sharing devices. Any files or devices chosen to make available for shared access on a LAN, for example, should be protected with a strong password or as otherwise appropriate.
3. Inappropriate Content and Transmissions
The Provider reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither The Provider nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made on the Internet Service. However, The Provider and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Agreement and any other applicable policies.
4. Electronic Mail
The Internet Service may not be used to send unsolicited bulk or commercial messages in violation of law and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail Internet Services that violate this Policy or the acceptable use policy of any other Internet Service provider. Moreover, unsolicited e-mail may not direct the recipient to any web site or other resource which uses the Internet Service. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail in violation of law, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. The Customer may not reference The Provider or The Provider’s network (e.g. by including “Organization: The Provider” in the header or by listing an IP address that belongs to The Provider or The Provider’s network) in any unsolicited e-mail even if that e-mail is not sent through The Provider’s network or Internet Service.
The Provider Internet Service plans limit the storage of messages on The Provider’s servers to a set number of days and may set a fixed upper limit on the number of messages that the Customer may send or receive through the Internet Service. Neither The Provider nor any of its suppliers shall have any liability for the deletion of, or failure to store, messages or of the mis-delivery of, failure to deliver or the untimely delivery of messages.
The Provider is not responsible for forwarding e-mail sent to any Provider provided e-mail account which has been suspended or terminated. This e-mail will either be returned to the sender, ignored, deleted, or stored temporarily at The Provider’s sole discretion. In the event that The Provider believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Internet Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, The Provider reserves the right to block access to and prevent the use of any such identifier, and/or, may at any time require any customer to change his or her identifier.
5. Instant Messages
The Customer alone is responsible for the contents of Customer initiated instant messages and the consequences of any instant messages. The Provider assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.
6. Network, Bandwidth, Data Storage and Other Limitations
The Customer must comply with all current bandwidth, data storage, and other limitations on the Internet Service established by The Provider and its suppliers. The Customer must ensure that the Customer’s activity (including, but not limited to, use made by the Customer or others of the Internet Service (including b Site Hosting) does not restrict, inhibit, interfere with, or degrade any other user’s use of the Internet Service, nor represent (in the sole judgment of The Provider) an overly large burden on the network. In addition, the Customer must ensure that the Customer’s activities do not restrict, inhibit, interfere with, disrupt, degrade, or impede The Provider’s ability to deliver the Internet Service and monitor the Internet Service, backbone, network nodes, and/or other network Internet Services.
7. Network Bandwidth Limitations
The Customer agrees to comply with all The Provider’s monthly network bandwidth, usage limitations set out in this Agreement. If the Customer’s daily use of the Internet Service results in the consumption of bandwidth in excess of one fifteenth (1/15) of the monthly limitation set out in this Agreement that is a violation of this Policy. In such cases, The Provider may, in its sole discretion, throttle back the Internet Service, terminate or suspend the Customer’s Internet Service account or request that the Customer subscribe to a version of the Internet Service with higher bandwidth usage limitations if the Customer wishes to continue to use the Internet Service at higher bandwidth consumption levels. In the event of termination, termination or other charges may apply.
8. Customer Violation of Acceptable Use Policy
The Provider does not routinely monitor the activity of Internet Service accounts for violation of this AUP. However, in The Provider’s efforts to promote good citizenship within the Internet community, The Provider will respond appropriately if The Provider becomes aware of inappropriate use of our Internet Service. Although The Provider has no obligation to monitor the Internet Service and/or the network, The Provider and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Internet Service; to identify violations of this Policy; and/or to protect the network, the Internet Service and The Provider users.
The failure of The Provider or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
The Customer agree to indemnify, defend and hold harmless The Provider and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from the Customer engaging in any of the prohibited activities listed in this AUP or resulting from the Customer’s violation of the AUP or of any other posted The Provider policy related to the Internet Service. The Customer’s indemnification will survive any termination of the Agreement.
End of Acceptable Use Policy