Customer Agreement: By subscribing to and using any AerioConnect's Services, Users imply agreement to AerioConnect's Acceptable Use Policy
AerioConnect reserves the right to make changes to this Acceptable Use Policy from time to time at its sole discretion. Customer is solely responsible for complying with the terms of any such modified Acceptable Use Policy. The current version of the Acceptable Use Policy can be found at http://www.aerioconnect.net/AUP.html
This Acceptable Use Policy ("AUP") describes actions by Users that are prohibited by AerioConnect.
Violation of this AUP may result in civil or criminal liability, and AerioConnect may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, AerioConnect may investigate incidents that are contraray to this AUP and provide requested information to third parties who have provided notice to AerioConnect stating that they have been harmed by a User's failure to abide by this AUP. AerioConnect's failure to enforce this AUP in every instance in which it might have application does not amount to a waiver of AerioConnect's rights.
Illegal User Prohibited. The Services may only be sued for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, with out limitation, effecting or participating in any of the following activities via the Services provided by AerioConnect:
- storing, posting or transmitting unlawful materials, e-mail or information;
- storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;
- storing, posting or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information;
- storing, posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind;
- storing, posting or transmitting materials, e-mail or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
- storing, posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- storing, posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
- storing, collecting, posting or transmitting credit card, debit card, electronic funds transfer numbers or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for a fraudulent or illegal purpose; and
- collecting, without adequate security and a legitimate purpose (as determined by AerioConnect), any of the following: (a) information from Users under the age of sixteen (16) without consent from such Users' parents or legal guardians; (b) Uer's personal health information or personal financial information without informed consent from use User; or (c) other personal information without advising the User.
Abusive Use Prohibited. The Services may not be used for abusive purposes, as determined by AerioConnect. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by AerioConnect:
- posting five (5) or more messages similar in content to Usenet, or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;
- posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles which are off-topic according to the charter or other owner-published FAQ's, rules, or policies or descriptions of the group or list;
- sending unsolicited e-mailings (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;
- falsifying User information provided to AerioConnect or to other Users of the Services; and
- engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by AerioConnect, re-mailer, or otherwise through the Services or using an account provided by AerioConnect as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect the provider of Services or its supplier.
Interfering with Other Users Prohibited. No User shall interfere with any other person's use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by AerioConnect:
- restricting or inhibiting any other User or any other person from using and enjoying Services and/or the Internet;
- posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;
- without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, testing firewalls, (d) testing the vulnerability of a system or network or (e) breaching the security or authentication routines of a system or network;
- conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;
- relaying e-mail in an anonymous fashion or forging any TCP/IP packet header; or
- mailbombing, flooding, overloading attacking or otherwise interfering with a system or network.
AerioConnect reserves the right to terminate Services to any Users without notice upon confirmed violation of any part of the AerioConnect AUP as set forth above.
Every AerioConnect's User is responsible for the behavior of his or her own end users. It is therefore the responsibility of every AerioConnect's User to ensure that his or her end users understand and adhere to this AUP. Violations of this AUP by a third party on behalf of a AerioConnect's User will be considered a violation by the User.