Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to all persons and entities (collectively, “Customers”) using the products and services of Wilcon Operations LLC and its operating subsidiaries (“Wilcon”) including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Wilcon network and the products and services Wilcon offers to its Customers. Wilcon reserves the right to modify this policy at any time, effective immediately upon posting of the modification. By using Wilcon’s products and services, you agree to comply with this AUP. Wilcon reserves the right to change or modify the terms of the AUP at any time. Your use of Wilcon’s products and services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Wilcon prohibits use of its products and services in any manner that is unlawful, harmful to or interferes with its network or systems, or the network of any ISP, infringes or offensive material, a security risk or violation of property.
Such unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of Wilcon’s products or services, if in the sole judgment of Wilcon such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Resale of Wilcon’s products and services without the express prior written consent of Wilcon (unless you are an authorized wholesaler).
- Deceptive marketing practices by impersonating others or deceptively obtaining personal information of third parties.
- Actions that restrict or inhibit anyone – whether a customer of Wilcon or otherwise – in his or her use or enjoyment of Wilcon’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Knowingly uploading or distributing files that contain malicious programs into the Wilcon network or servers or other products and services of Wilcon such as viruses, trojan horses, worms that contain time bombs, cancel bots, spyware or any other similar software that may damage the operation of another’s computer, network system or be used to engage in modem of system hi-jacking.
- Causing or attempting to cause security breaches or disruptions of Internet communications.
- Executing any form of network monitoring aimed at unauthorized interception of data or harvesting of email addresses.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Failing to comply with Wilcon’s procedures relating to the activities of customers on Wilcon-owned facilities.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of Wilcon’s products or services.
- Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail “spam”); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
- Harassment, whether through language, frequency, size or otherwise.
- Using products and services to publish, host, transmit, upload/download, distribute or store child pornography.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
- Engaging in the transmission of pirated software.
- Use of unsolicited E-mail originating from within the Wilcon network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Wilcon or connected via the Wilcon network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
- Using, distributing, advertising, transmitting or otherwise making available any software program, product, or service designed to violate this AUP or the AUP of any ISP, including, but not limited to, the facilitation of the means to spam.
Enforcement of Wilcon’s AUP
Customer’s failure to observe the guidelines set forth in this AUP may result in Wilcon taking actions anywhere from a warning to a suspension or termination of Customer’s services. When feasible, Wilcon may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.
Wilcon reserves the right, however, to act immediately and without notice to suspend or terminate affected services in response to a court order or government notice that certain conduct must be stopped or when Wilcon reasonably determines, that the conduct may: (1) expose Wilcon to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Wilcon’s network or networks with which Wilcon is interconnected, (3) interfere with another Wilcon Customer’s use of services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Wilcon or Wilcon Customers.
Wilcon has no obligation to monitor content of any materials distributed or accessed using the services or Internet. However, Wilcon may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Wilcon network and its Customers.
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the services. Wilcon has no responsibility for any material created on the Wilcon’s network or accessible using services. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
If you are unsure of whether any contemplated use or action is permitted, please contact firstname.lastname@example.org or call (213) 542-0100.