This AUP is intended to protect T3 Communication’s customers and the Internet community from the inappropriate use of the Internet and other telecommunications services. Use of T3 Communications’ services constitutes acceptance of this AUP. T3 Communications reserves the right to revise and update this AUP from time to time. The customer is responsible for keeping himself informed of the current AUP in effect, including any revisions or updates, and for abiding by the terms of this AUP.
1. T3 Communications services may only be used for lawful purposes, and customer shall bear the burden of establishing that such use complies with all applicable laws. The customer is responsible for all use of T3 Communications services, with or without the knowledge or consent of the customer.
2. T3 Communications reserves the right, at its sole discretion, with or without notice, to remove or refuse to post material that violates this AUP or to suspend or terminate service provided to any customer if the customer or any end-user using customer's services or facilities, directly or indirectly:
- Violates the rules, regulations and policies applicable to any network, server, computer database, web site or newsgroup that customer or other user of customer end-user accesses;
- Sends or facilitates the sending of, unsolicited bulk mail messages ("email spam") or telephone calls to any person or system in a way that could be expected to adversely impact T3 Communications' network or facilities; or sends mail-bombs (masses of email or other data) to any person or system, propagates or replies to mail-bombs, or uses a T3 Communications website address or hosted web account to collect responses from unsolicited commercial email;
- Posting messages to a USENET group where the posting is not appropriate as defined in the group's charter, or mass postings in unreasonable numbers of USENET groups, or where there is repeated requests by group USERS or administrator to cease such posting;
- Uses services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in denial of service or the distribution of viruses, worms, or other destructive activities;
- Violates any law or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination or false advertising);
- Publishes or communicates material that is obscene, defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Uses services to attempt to break security, or in fact, breaks security of any computer network, or to access an account without authorization;
- Employs any method in connection with the transmission of e-mail or telephone services used to disguise or mislead any user name or the source or quantity of transmissions.
- Impersonating other users by forging one's email address, caller ID or similar means of identification is prohibited
- Relays email or telephone calls through any third-party systems without authority;
- Systems configured to permit third party mail or news relay;
- Uses services to conduct any other activities which T3 Communications determines are injurious to its customers, operations, or reputation;
- Provides false information on a T3 Communications service application, contract or on-line application, including, but not limited to, fraudulent credit card information;
- Attempts to or resells T3 Communications services without T3 Communications' express authorization; or
- Uses bandwidth or disk space in excess of limits permitted in service descriptions.
3. Customer must immediately notify T3 Communications of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Customer. The Customer is responsible for ensuring that its network and/or Computer(s) are configured in a secure manner. Customers may not, through action or inaction, allow others to use its network for illegal or inappropriate activities. T3 Communications takes no responsibility for the security of the communications transmitted over its facilities.
4. T3 Communications does not, and does not hereby assume any responsibility to, review or edit materials which Customers or its end-users publish or post on T3 Communications facilities or the Internet, and is not responsible for such content, posting or activity. T3 Communications is not responsible for the content of any other websites linked to T3 Communications or Customer's services.
5. T3 Communications respects Customer privacy rights and will not intentionally disclose Customer's online communications or activities except to comply with court orders, subpoenas, statutes, regulations, or official governmental requests; in order to protect T3 Communications or its Customers from harm; or where necessary for the operation of the system.
6. T3 Communications may, in its sole discretion, remove or disable Customer materials or terminate services to Customer with or without notice to Customer, if Customer's materials, postings or links allegedly infringe trademark, copyright or other intellectual property rights of third parties. T3 Communications is not responsible for determining if the allegations of infringement are valid. In addition, T3 Communications may terminate services to Customer, if Customer violates this provision.
7. T3 Communications, in its sole discretion, will determine on a case-by-case basis what action will be taken in response to a violation of this AUP. T3 Communications reserves the right to investigate suspected or alleged violations of this AUP, including gathering information from Customer, its end-user the complaining party, and examining of material on T3 Communications' servers. Nothing contained in this policy shall be construed to limit T3 Communications' actions or remedies in any manner. T3 Communications reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the T3 Communications service and levying cancellation charges to cover T3 Communications' costs in the event of termination for the causes outlined above. T3 Communications reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
8. T3 Communications shall not be liable for any damages of any nature suffered by any Customer or any third party resulting in whole or in part from T3 Communications' exercise of its rights under theses policies. By using T3 Communications services, Customer agrees to waive and hold harmless T3 Communications from any claims relating to any action taken by T3 Communications including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to all violations described in this AUP.
9. T3 Communications reserves the right to amend, alter, or modify this AUP at any time in its sole and absolute discretion. Any amendment or modification is effective when posted and any use of the T3 Communications services after the posting of a modification or amendment will be considered acceptance of those modifications.
10. The customer shall be solely responsible for ensuring that their client software is suitable for their needs and it is compatible for use with any equipment used by him or it, whether or not T3 Communications introduces any changes to the service. |
