Tri-Lakes.Net | Acceptable Use Policy

Tri-Lakes Net Acceptable Use Policy

WHEREVER:

The Company or Individual is hereinafter known as a "Client".
Tri-lakes Internet, Inc. is hereinafter known as the "Company".
The Client desires to contract services from the Company.

NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and agreements contained herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:

Foundation

The Company, which provides Services, offers its Clients and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. The Company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue the Company reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, the Company has an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Tri-lakes Internet, Inc. services. This Acceptable Use Policy (AUP) will be revised from time to time. A customer's use of Tri-lakes Internet, Inc. services after changes to the AUP are posted on Tri-lakes Internet, Inc.'s web site, Acceptable Use Policy , will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

Basis

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that the Company does cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because the Company cannot monitor or censor the Internet, and will not attempt to do so, the Company cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that the Company does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over the Company's network and may reach a large number of people, including both subscribers and non-subscribers of the Company, subscribers' postings to the Internet may affect other subscribers and may harm the Company's goodwill, business reputation, and operations. For these reasons, subscribers violate the Company's policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Tri-lakes Internet, Inc., but also because it can overload Tri-lakes Internet, Inc.'s network and disrupt service to Tri-lakes Internet, Inc. subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Tri-lakes Internet, Inc. has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Tri-lakes Internet, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Tri-lakes Internet, Inc.'s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials

Using Tri-lakes Internet, Inc.'s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Tri-lakes Internet, Inc. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Tri-lakes Internet, Inc.'s network.

Obscene Speech or Materials

Using Tri-lakes Internet, Inc.'s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Usenet Groups

Tri-lakes Internet, Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that Tri-lakes Internet, Inc. determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Tri-lakes Internet, Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Tri-lakes Internet, Inc. policy or applicable law. When Tri-lakes Internet, Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Tri-lakes Internet, Inc. also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Tri-lakes Internet, Inc.'s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Tri-lakes Internet, Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Tri-lakes Internet, Inc. has the right to directly take action against a customer of a subscriber. Also, Tri-lakes Internet, Inc. may take action against the Tri-lakes Internet, Inc. subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Tri-lakes Internet, Inc. anticipates that subscribers who offer Internet services will cooperate with Tri-lakes Internet, Inc. in any corrective or preventive action that Tri-lakes Internet, Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Tri-lakes Internet, Inc. Service Agreement.

Tri-lakes Internet, Inc. also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Tri-lakes Internet, Inc. urges its subscribers to assume that all of their on-line communications are insecure. Tri-lakes Internet, Inc. cannot take any responsibility for the security of information transmitted over Tri-lakes Internet, Inc.'s facilities.

Tri-lakes Internet, Inc. will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Tri-lakes Internet, Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Tri-lakes Internet, Inc. may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Tri-lakes Internet, Inc. assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Tri-lakes Internet, Inc. may disclose subscriber information or information transmitted over its network where necessary to protect Tri-lakes Internet, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

Tri-lakes Internet, Inc. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Tri-lakes Internet, Inc. policy. Finally, Tri-lakes Internet, Inc. wishes to emphasize that in utilizing services the service agreement, subscribers indemnify Tri-lakes Internet, Inc. for any violation of the service agreement, law, or Tri-lakes Internet, Inc.'s policy, that results in loss to Tri-lakes Internet, Inc. or the bringing of any claim against Tri-lakes Internet, Inc. by any third-party. This means that if Tri-lakes Internet, Inc. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Tri-lakes Internet, Inc., plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Tri-lakes Internet, Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@tri-lakes.net

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Tri-lakes Internet, Inc. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.