ZEROOUTAGES ACCEPTABLE USE POLICY FOR HIGH-SPEED INTERNET SERVICES
Contents
I. Prohibited Uses and Activities
II. Customer Conduct and Features of the Service
III. Network Management and Limitations on Bandwidth Consumption
IV. Violation of this Acceptable Use Policy
V. Copyright and Digital Millennium Copyright Act Requirements
Why is ZeroOutages providing this Policy to me?
ZeroOutages's goal is to provide its customers with the best Internet service possible. In order to help accomplish this, ZeroOutages has adopted this Acceptable Use Policy (the "Policy"). This Policy outlines acceptable use of the ZeroOutages High-Speed Internet service (the "Service"). This Policy is in addition to any restrictions contained in the ZeroOutages Agreement for Services (the "Service Contract") available at http://www.ZeroOutages.net/zero/agreement.xrn. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Service Contract.
What obligations do I have under this Policy?
All ZeroOutages High-Speed Internet customers and all others who use the Service (the "customer," "user," "you," or "your") must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify ZeroOutages so that it can close your account.
How will I know when ZeroOutages changes this Policy and how do I report violations of it?
ZeroOutages may revise this Policy from time to time by posting a new version on the Web site at http://www.ZeroOutages.com or any successor URL(s) (the "ZeroOutages.net Web site"). ZeroOutages will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the ZeroOutages.net Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the ZeroOutages High-Speed Internet Service should read any ZeroOutages announcements they receive and regularly visit the ZeroOutages.net Web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations.
I. Prohibited Uses and Activities
What uses and activities does ZeroOutages prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the ZeroOutages Equipment, either individually or in combination with one another, to:
Conduct and information restrictions
- 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 or 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, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- transmit unsolicited bulk or commercial messages commonly known as "spam;"
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of very large numbers 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 bulk messages;
- falsify, alter, or remove message headers;
- falsify references to ZeroOutages or its network, by name or other identifier, in 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 (for example, "phishing");
- violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access;
Technical restrictions
- access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Service by ZeroOutages or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- service, alter, modify, or tamper with the ZeroOutages Equipment or Service or permit any other person to do the same who is not authorized by ZeroOutages;
Network and usage restrictions
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), 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 use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any ZeroOutages (or ZeroOutages supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any ZeroOutages (or ZeroOutages supplier) facilities used to deliver the Service;
- resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly.
- connect the ZeroOutages Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host; and
- accessing and using the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
II. Customer Conduct and Features of the Service
What obligations do I have under this Policy?
In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. ZeroOutages recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by ZeroOutages and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by ZeroOutages that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does ZeroOutages address inappropriate content and transmissions?
ZeroOutages reserves the right 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 in violation of Sections I or II of this Policy, or otherwise harmful to ZeroOutages's network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither ZeroOutages nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, ZeroOutages 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 this Policy, the Subscriber Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this Policy.
ZeroOutages is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. ZeroOutages is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at ZeroOutages's sole discretion. In the event that ZeroOutages believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, ZeroOutages (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, ZeroOutages may at any time reserve any identifiers on the Service for ZeroOutages's own purposes. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
What requirements apply to newsgroups?
Messages posted to newsgroups must comply with the written charters, policies, or frequently asked questions (FAQs) for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. You are responsible for determining the policies of a given newsgroup before posting to it. ZeroOutages reserves the right to discontinue access to any newsgroup at any time for any reason.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. ZeroOutages assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
III. Network Management and Limitations on Bandwidth Consumption
Why does ZeroOutages manage its network?
ZeroOutages manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as ZeroOutages works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. ZeroOutages tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to ZeroOutages. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that ZeroOutages does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, ZeroOutages can deliver the best possible broadband Internet experience to all of its customers.
How does ZeroOutages manage its network?
ZeroOutages uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Service Contract. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily delaying peer-to-peer sessions (or sessions using other applications or protocols) to prevent network congestion, (iv) limiting the number of peer-to-peer sessions to prevent network congestion, (v) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (vi) using other tools and techniques that ZeroOutages may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, ZeroOutages may, in its sole discretion, suspend or terminate your Service account . ZeroOutages may also provide versions of the Service with different speed and bandwidth consumption limitations, among other characteristics, subject to applicable Service plans.
IV. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
ZeroOutages reserves the right immediately to suspend or terminate your Service account and terminate the Service Contract if you violate the terms of this Policy or the Service Contract.
How does ZeroOutages enforce this Policy?
ZeroOutages does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate bandwidth consumption in connection with the bandwidth consumption provisions of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. ZeroOutages has no obligation to monitor the Service and/or the network. However, ZeroOutages and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and ZeroOutages users.
ZeroOutages prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. ZeroOutages also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without ZeroOutages's intervention. However, if the Service is used in a way that ZeroOutages or its suppliers, in their sole discretion, believe violates this Policy, ZeroOutages or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither ZeroOutages nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not ZeroOutages's exclusive remedies and ZeroOutages may take any other legal or technical actions it deems appropriate with or without notice.
ZeroOutages reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on ZeroOutages's servers and network. During an investigation, ZeroOutages may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to ZeroOutages and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, ZeroOutages is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of ZeroOutages or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You 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.
You agree to indemnify, defend and hold harmless ZeroOutages and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Service Contract.
V. Copyright and Digital Millennium Copyright Act Requirements
What is ZeroOutages's DMCA policy?
ZeroOutages is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is ZeroOutages's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who ZeroOutages, in its sole discretion, believes is infringing these rights. ZeroOutages may terminate the Service at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to ZeroOutages?
Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending ZeroOutages's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon ZeroOutages's receipt of a satisfactory notice of claimed infringement for these works, ZeroOutages will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). ZeroOutages will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send ZeroOutages a notification of claimed infringement to report alleged infringements of their works to:
XRoads Networks, Inc.
17165 Von Karman, Suite 112
Irvine, CA 92614 U.S.A.
Phone: (888)997-6237
Fax: (949)477-0506
E-mail: support@ZeroOutages.com
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to ZeroOutages, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to ZeroOutages. Upon ZeroOutages's receipt of a counter notification that satisfies the requirements of DMCA, ZeroOutages will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that ZeroOutages will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with ZeroOutages's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Revised and effective: October 1, 2008
© 2008 ZeroOutages