ispeed Communications Inc.
Acceptable Use Policy
This Acceptable Use Policy is in addition to ispeed’s Internet Service Provider Agreement. By using ispeed’s internet services (the “Services”) the Subscriber agrees to the following terms of this Acceptable Use Policy:
This Acceptable Use Policy constitutes the agreement between the Internet service provider ispeed Communications Inc. ("ispeed") and the customer subscribing to the Services (the "Subscriber").
By using the Services provided by ispeed, the Subscriber acknowledges that the Subscriber has read, understood and agreed to this Acceptable Use Policy as set out hereunder and with terms and conditions of ispeed’s Internet Service Provider Agreement (collectively, the “Agreement”).
ispeed reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to ispeed's web site at: http://www.ispeed.biz
The Subscriber agrees to and is responsible for regularly reviewing information posted online to obtain timely notice of such changes. Continued use of the Services following any changes shall constitute acceptance of those changes by the Subscriber.
This policy recognizes the fundamental fact that no one owns or controls the Internet. ispeed cannot monitor or control all activities of the Subscriber and the Subscriber’s clients. ispeed does not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our subscribers.
The Subscriber, not ispeed, assumes all responsibility relating to the Subscriber’s Internet activities including, but not limited to:
- Aspects of the Subscriber's business;
- Content and data provided by or through the Subscriber;
- The Subscriber's computer and communications systems needed to access the Services;
- Results obtained from using the Services;
- Compliance with all applicable laws and governmental regulations regarding the Subscriber's business or use of the Services;
- Use of the ispeed services by the Subscriber's end users; and
- Compliance with this Acceptable Use Policy by the Subscriber and the Subscriber's end users.
Prohibited Use
Illegal Activity
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. The Subscriber must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Use of the Services for any activity that violates any law is a violation of the Agreement. Prohibited uses include, but are not limited to, any activity that:
- Is unlawful;
- Is libelous, obscene, hateful, unlawful, threatening, ethnically offensive or defamatory;
- Is considered offensive by the web community in general;
- Promotes injury or physical harm against any group or individual;
- Promotes or teaches illegal activities;
- Promotes fraudulent activities; including but not limited to, impersonating any person or entity, or forging anyone’s digital or manual signature;
- Exploits or depicts children in a negative or sexual way;
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes; and
- Violates any law, statute, ordinance or regulation governing the Subscriber's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
And the Subscriber’s account will be terminated if it includes any of the above content or where links are provided to sites that contain the above content. ispeed reserves the right to refuse to post or to remove 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 such material or its dissemination is unlawful.
Network Abuse
Using the Services in any way that adversely affects other ispeed subscribers is strictly prohibited, including but not limited to:
- Gaining or attempting to gain unauthorized access to servers or services. Such attempts include but are not limited to: "Internet phishing scams" (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities;
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Running programs continuously in the background without our permission;
- Uploading copyrighted material;
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses;
- Using IP addresses which were not assigned to the Subscriber by ispeed; and
- Running Internet Relay Chat (IRC) servers, bots or clients.
Adult Content
Adult Web Sites, Adult Picture Galleries, Adult File Sharing Services are NOT permitted on ispeed’s network.
SPAM or Unsolicited Commercial Email
ispeed has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. ispeed Subscribers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Subscribers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, ispeed will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, ispeed will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Subscriber's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.
PLEASE DO NOT SPAM. ispeed reserves the right to apply a USD$200.00 per complaint investigation/resolution charge.
Administration
Account Cancellation and Additional Fees
This Acceptable Use Policy is not exhaustive. ispeed has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
ispeed reserves the right to charge investigation/resolution/cleanup fees related to any violation of this Acceptable Use Policy. Standard ispeed investigation/resolution/cleanup fee is $400 US or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at ispeed standard rates, may apply.
ispeed will not have any liability for any such actions. The above described actions are not ispeed’s exclusive remedies and ispeed may take other legal or technical action that in its sole discretion, it deems appropriate.
Termination of the Subscriber’s Account
Upon termination of the Subscriber’s account, ispeed is authorized to delete any files, programs, data and email messages associated with such account.
Enforceability
The Failure of ispeed to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
The Subscriber hereby agrees that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.
Incident Reporting
To report a suspected breach of this Acceptable Use Policy, please contact Administrator@ispeed.biz
