Acceptable Use Policy

 

Introduction. This Acceptable Use Policy (“AUP”) is intended to help enhance the use of the Internet by preventing unacceptable use. This is not a “terms of service” or a billing guideline. Please refer to our Terms of Service for terms and conditions applicable to your internet 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 AUP applies to Internet Services (“Services”) provided by Noize Communications LLC (“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 the Acceptable Use Policy and the Terms of Service agreement, this AUP shall govern and control.

Noize Communications LLC 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 the 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.

Illegal Use of Services. 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 may 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:

  • to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic or sadistic content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites terrorism; or which might be legally actionable for any reason;
  • to post, transmit, download or view any material whatsoever pornographic in nature involving actual images of children or minors or digitally or otherwise artificially created or manipulated images of children or minors, or any material whatsoever that may be deemed obscene under applicable law;
  • to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of Service Provider or any other entity, or to attempt to hack, penetrate or penetrate security measures of Noize Communications LLC or other entities’ systems, whether or not the intrusion results in corruption or loss of data;
  • to introduce viruses, worms, harmful code and/or Trojan horses on the Internet;
  • to violate Service Provider or any third party’s copyright, trademark, proprietary or other intellectual property rights, including trade secret rights;
  • to use the Service or the Internet in a manner intended to threaten, harass, intimidate or terrorize;
  • to make false or unverified complaints against any Service Provider subscriber, or otherwise abusing any of Service Provider complaint response procedures
  • Indirect or attempted violations of this AUP.
  • Reselling of internet service provided by Service Provider.
  • Services used to transmit, retransmit, distribute, post, or store any material that in the judgment of Service Provider is threatening, libelous, defamatory, or otherwise objectionable including but not limited to child pornography and advocating unlawful activity against any persons, governments or businesses.
  • Harassment of users, employees, or of others will not be tolerated.
  • Actions and/or Services prohibited by federal, state and local law.
  • Distribution, posting, copying or dissemination of copyrighted material including but not limited to movies and/or music.
  • Inhibiting any other person’s use of the service provided by Service Provider is prohibited.
  • Participation in illegal gambling, lottery or other similar activities.
  • distribution of internet scams and schemes.
  • The attempt to access the accounts of other or other computers and/or networks to penetrate security measures, whether or not the intrusion results in damage. 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.

Reselling Noize Internet Services. Re-selling Service Provider’s Services or offering use of Service Provider’s Services for payment of any money or any type of compensation without Service Provider’s full and complete authorization is strictly prohibited. Service Provider’s Services are designed only for the subscriber’s use of the Internet and may not be used for commercial purposes whatsoever without the Service Provider’s explicit consent.

You also agree not to use Service Provider’s Services for operation as an Internet Service Provider (ISP), 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. Other Services not specifically listed in this AUP but that are provided by Service Provider are bound by this AUP.

Upstream Provider’s AUP Compliance. The AUP of Service Provider’s upstream providers also bind Service Provider users. An “upstream provider” is any company that provides Service Provider bandwidth and/or other Services.

Network Security. 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:

  • port scanning, probes, data capture, denial of service, access of restricted systems.
  • attempted access of systems not previously given access to.
  • anything deemed “hacking” or “cracking” to the systems, network or users.
  • unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings).
  • unauthorized monitoring of data or traffic.
  • interfering with service to any user, host, system or network.
  • conducting denial of service attacks.
  • any attempt to disrupt service including, but not limited to, distributing or introducing viruses, worms, or other harmful software.
  • access by using artificial means, involving software, programming, or any other method.

Copyright Infringement/Digital Millennium Copyright Act. Service Provider respects the intellectual property rights of others. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property, proprietary or publicity rights, or other right of any party unless You own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information that are made available through the Services. Service Provider assumes no responsibility, and You assume all risks, regarding the determination of whether material is in the public domain or may otherwise be used by You for such purposes.

Violations.  Service Provider reserves the right to immediately suspend or terminate your internet Service account and terminate the subscriber’s Services if you violate the terms of this AUP or the Terms and Conditions agreement.

Revisions.  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.