Acceptable Use Policy ("AUP")
Unlike in the area of regulated common carrier services, certain activities of Customers and Users of Internet services including hosting (collectively referred to herein as "IP related Services") may expose providers of those services, such as ACN, to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade ACN's IP related Services. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair ACN's ability to interconnect with other IP related Service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves, such as sending large numbers of unsolicited messages (Spam).
While ACN does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers. ACN has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from its Customers' use of ACN's IP related Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
The AUP applies to all Customers and Users of ACN's IP related Services. If a Customer violates the AUP, ACN may, depending on the nature and severity of the violation, suspend, limit or terminate service, as provided below. If a User (other than a Customer) violates the AUP, ACN may suspend service for so long as necessary for steps to be taken which, in ACN's reasonable judgment, will prevent the violation from continuing or reoccurring.
When feasible, ACN shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. ACN reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when ACN reasonably determines: (1) that it may be exposed to sanctions or prosecution; (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of ACN's network or networks with which ACN is interconnected or interfere with another Customer's use of ACN Services or the Internet; or (3) that such violation poses an unreasonable burden on ACN's network operations; or (4) that such violation otherwise presents imminent risk of harm to ACN or ACN's Customers or their respective employees. In other situations, ACN will use reasonable efforts to provide at least 5 business days notice before suspending, limiting or terminating Service. In situations where service has been suspended or terminated ACN may request reasonable compensation for damage or interference caused by the violation before resuming service.
ACN is committed to remaining in compliance with laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its Customers the ability to use ACN's network and the Internet without interference or harassment from other users. ACN prohibits use of its IP related Services in any ways that are unlawful, interfere with use of ACN's network or the Internet, infringe intellectual property rights, result in the publication using ACN Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks.
ACN Companion is a mobile application that may be available in connection with a line under your Digital Phone Service plan for an additional charge. When you use ACN Companion, you are using the Digital Phone Service line with which it is connected and all limitations and other restrictions under the ACN Digital Phone Service Terms and Conditions and this Policy apply. All use of your Digital Phone Service line through ACN Companion is aggregated with other use of your Digital Phone Service line for purposes of applying these limitations and other restrictions, and as aggregated, must conform to single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use.
Unlawful Activities and Inappropriate Use
ACN IP related Services shall not be used in connection with any criminal or civil violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Fraudulent behavior is strictly prohibited, will result in deactivation, and may also be referred to the appropriate criminal authorities for prosecution.
ACN may determine, in our sole discretion, inappropriate usage of accounts provided under this Acceptable Use Policy and the privilege may be revoked at our sole discretion. Should this occur, you will be informed in writing, via email or otherwise, of this action. In emergencies and as otherwise stated herein, revocation of privileges may be implemented prior to notification of the user.
ACN reserve the right to block the receipt or transmission of any email that ACN reasonably believe is or will be sent in violation of law or this Acceptable Use Policy.
If you subscribe to ACN's Digital Phone Service, you will be limited to three simultaneous calls under this Service with a maximum duration of 6 hours per call each, after which time the call(s) will be disconnected. The Service is subject to a limit of 3,000 minutes in aggregate during each monthly billing cycle for outgoing, inclusive of local and long distance calls anywhere in the U.S., Canada and Puerto Rico and for calls to international countries specified in ACN International Calling Plans.
Network Management and Traffic Shaping
As internet traffic on our network continues to grow it is sometimes necessary to take steps to ensure that all customers receive fair and reliable access to ACN's Network. The purpose of these actions is to ensure that internet users do not experience negative performance due to the actions of some heavy users. ACN's Internet service has bandwidth usage caps that apply to all users, the details of which can be found in Section 11 of the T&Cs. The usage limits are subject to change at ACN's discretion at any time. Within a given calendar month, if you exceed the bandwidth usage caps, your Internet service may be suspended, subject to traffic shaping, restricted, or terminated.
ACN IP related Services shall not be used in a manner that interferes with any communications network or the usage or enjoyment of services received by others. ACN judges that interference may consist of: (1) network burden caused by unreasonable usage; (2) tampering with or using ACN's equipment in manners other than which they are provided for; or (3) modifying equipment to render it compatible with services not provided by ACN's or not normally compatible with ACN's equipment.
ACN IP related Service shall not be used to transmit, re-transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of ACN or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. While ACN reserves the right to restrict any actions alleged to violate the intellectual property rights of another party, it is not ACN's policy to decide whether claimed infringements are valid or not. Thus, while Customer consents to ACN's right to suspend Service if Customer is alleged to be violating another's rights, ACN may also permit the continuing activity of its Customer despite allegations of an infringement where Customer in writing: (1) fully assumes responsibility for its activity; and (2) agrees to fully indemnify ACN for all damages, claims, expenses and attorneys fees as a result of the alleged infringement. Should ACN choose to permit the continued activity of its Customer at Customer's request, ACN may require a bond securing it for the full amount of potential indemnification, which amount shall be determined in ACN's reasonable judgment.
Offensive or Threatening Material or Content
ACN IP related Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to ACN's network or to the network of any other IP related Service provider.
Spam/E-mail/Usenet Abuse is prohibited on ACN IP related Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
- using another site's mail server to relay mail without the express permission of the site;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending electronic messages with petitions for signatures, or any chain mail related materials;
- sending unsolicited electronic messages with charity requests;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the ACN IP related Services or the Internet (e.g., through language, frequency, size or otherwise);
- sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
- distributing or using software designed to promote the sending of unsolicited bulk electronic messages;
- using distribution lists containing addresses that include those who have opted out;
- posting a single message, or messages similar in content, that could reasonably be expected to provoke complaints, to more than 10 online forums or newsgroups;
- posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information; and
- sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the ACN network or of the networks with which ACN interconnects.
ACN IP related Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of ACN's or another's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of security violations include but are not limited to:
- intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access or control devices, software or data (except in the case of authorized legitimate network security operations);
- using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin; and
- distributing viruses, worms, trojan horses or other harmful software.
Individuals using the Services are subject to having all activities on any ACN Website monitored by system or security personnel. Use of the Services constitutes consent to system and security monitoring. Information derived from system and security monitoring may be used as a basis for administrative, disciplinary, or criminal proceedings. If you do not consent to monitoring, exit this system now.
The terms and conditions of this Acceptable Use Policy apply while you are accessing or using the Services and remain in effect thereafter, subject to amendments by us from time to time. In the event that you are no longer entitled to or access the or your ACN Website, or any ACN Website, provisions relating to intellectual property, accuracy of information and appropriate use will survive thereafter.
Disclaimer of Warranties
ACN make no representation or warranty relating to the functionality or condition of the ACN Websites, the suitability for use or that use of the Services will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THE WEBSITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. ACN AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR ARISING OUT OF A COURSE OF DEALING OR USAGE IN THE TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
Limitation of Liability
ACN's aggregate liability, if any, for loss or damages relating to or arising out of this Acceptable Use Policy or the Services, whether in contract, tort or otherwise, will not exceed the lesser of actual damages or the charges paid by you for this Service for a period of two months. In NO event will ACN be liable for special, punitive, incidental, indirect, or consequential damages, including without limitation any damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with this Acceptable Use Policy, any ACN Website, the Services, or any materials protected by trade secrets or other intellectual property laws.
Unless otherwise authorized by you, ACN will use information you provide about yourself only as required for us to provide a particular Service and for us to communicate with you regarding your ACN business. Your voluntary provision of requested Information constitutes consent to use of the Information for the purposes identified in this Acceptable Use Policy. By using the Services, you agree and consent to personal information being collected, used or disclosed for the purposes herein identified.
ACN may use your information to better design services for you.
If you do not consent to the use of the Information or if you wish to opt out of future usage, send an email to email@example.com. Information collected by us is stored for archival purposes only and will not be released to a third party except as noted elsewhere in this Acceptable Use Policy or in your IR Agreement or IR Terms and Conditions.
In addition, ACN may share our data, including personally identifiable information about you, with our subsidiaries and affiliates serving your online needs and related services. ACN's parent, subsidiaries and affiliates follow privacy practices no less protective than the practices described in this policy, as allowed by applicable law. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. If ACN merges with or are acquired by another business entity, you should expect us to share some or all of your information in order to continue to provide you with service.
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, ACN have put in place appropriate physical and electronic, procedures to safeguard and secure the information ACN collects online.
Customers remain solely and fully responsible for their Content. Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute Spam or improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.
Office of the General Counsel
1000 Progress Place, Concord, NC 28025-2449
704-260-3000 (phone) | 704-260-3439 (fax)
Revisions to this AUP
ACN may modify this AUP at any time, effective when posted to ACN's AUP web site http://www.myacncanada.ca