Acceptable Use Policy
This document explains the Acceptable Use Policy for use of services provided by Accretive Technology Group, Inc., DBA Wolfe Internet Access and its subsidiaries (hereinafter collectively known as "ATG/Wolfe") by the client/user (hereinafter known as "Customer"). This document is maintained and published on-line on the ATG/Wolfe home page at www.accretivetg.com/acceptable-use.php.
All Customers of ATG/Wolfe are required to be familiar with this policy. Use of ATG/Wolfe products/services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.
This Acceptable Use Policy will be known hereinafter as "AUP".
Account and Policy Term
The effective date of the AUP is the date of acceptance by the Customer of products/services from ATG/Wolfe, and they shall remain in effect until Customer terminates his/her contractual relationship with ATG/Wolfe or ATG/Wolfe terminates its contractual relationship with Customer.
ATG/Wolfe reserves the right to change the AUP at any time without notice. If Customer does not agree to such changes, ATG/Wolfe reserves the exclusive right to terminate its contractual relationship with Customer, effective upon written notice to Customer.
Termination for Cause
Either party may terminate an individual Service or a Service Exhibit: (a) in accordance with the individual ServiceExhibit's term requirements with 60 days' prior written notice to the other party, or (b) for Cause. If Service or a Service Exhibit is terminated by Customer for Convenience or by Wolfe for Cause, then Customer will pay Cancellation Charges.
Either party may terminate the Agreement and all Services by: (a) providing written notice to the other party of its intention not to renew the Agreement at least 60 days prior to the expiration of the then current Term, or (b) for Cause. Cause to terminate an individual Service Exhibit will not constitute Cause to terminate the Agreement; rather, Cause to terminate the entire Agreement for Service-related claims will exist only if Customer has Cause to terminate all or substantially all of the Services under the applicable SLA, Service Exhibit, RSS or Tariff. If the Agreement is terminated by Customer for Convenience or by Wolfe for Cause prior to the conclusion of the Term, then Customer will pay the higher of: (i) the Early Termination Charge or (ii) the total Cancellation Charges that apply for terminating all Wolfe Services at the time the Agreement is terminated.
Customer will remain liable for charges accrued but unpaid as of the termination date.
Provision of Services
ATG/Wolfe will provide products/services on its network to Customers per contractual terms and conditions and compliance with the AUP. ATG/Wolfe products/services are defined as the use by Customer of computing, telecommunications, software, and information services provided by ATG/Wolfe. These products/services also include the provision of access to computing, telecommunications, software, and information services provided by third parties via the worldwide computer network known as the Internet.
ATG/Wolfe will provide reasonable system administration and other related services upon reasonable request from Customer. Provided, Customer will be charged normal consultation rates for non-standard or extraordinary problems, at the sole discretion of ATG/Wolfe.
Access to the collocation facility is provided for the express purpose of installing and maintaining Customer-owned collocated equipment. Due to security concerns, Customers shall be fully escorted by ATG/Wolfe personnel during their access to the collocation facility.
Customers are not allowed to bring visitors or groups larger than two into the collocation facility without prior written authorization from ATG/Wolfe. ATG/Wolfe shall deny access to any Customer bringing unauthorized personnel into the collocation facility.
Customers shall schedule ahead for access to the collocation facility. Non-service affecting installations or maintenance shall be scheduled during ATG/Wolfe 's normal business hours. Access for service affecting issues shall be provided at all times. Customers needing after hours access should call the ATG/Wolfe NOC pager before coming down to the facility. Customers who abuse these access policies shall be subject to premium rates for escort times as well as other penalties. Customers who repeatedly abuse these access polices in ATG/Wolfe 's sole determination may be subject to immediate termination of service and forfeiture of all pre-paid fees and deposits
Security of Accounts
ATG/Wolfe accounts for products/services ("accounts") are for individual Customers only. Customer agrees not to share the password of the account or any other confidential information with any third parties without the express written permission of ATG/Wolfe. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any ATG/Wolfe products/services to obtain the passwords of other customers on ATG/Wolfe ©&Mac246;s network. Customer agrees not to use ATG/Wolfe products/services to make unauthorized/illegal attempts to access any non-Customer systems or networks.
Use of Internet Services
Customer agrees not to use ATG/Wolfe products/services in violation of intellectual property rights of other customers, third parties or ATG/Wolfe, or other applicable laws. Customer agrees to use the products/services provided by ATG/Wolfe as permitted only by applicable local, state, and federal laws.
Unauthorized Use of Accounts or Computers
Customer agrees that any unauthorized use or attempted use of another customer or third party account or computer without the owner's express written authorization is prohibited.
Customer acknowledges and understands that E-mail passes through multiple mail servers from source to destination on the Internet, and that ATG/Wolfe cannot guarantee 100% privacy of Customer E-mail.
However, ATG/Wolfe places a high value on privacy, and will normally only examine Customers' E-mail to trouble-shoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court order.
ATG/Wolfe will not divulge Customer account information, except at the direction of a lawfully served warrant or court order.
ATG/Wolfe recognizes that Commercial advertising is an appropriate form of communication on the Internet. ATG/Wolfe has enacted the following policies to clearly delineate appropriate commercial advertising from inappropriate "SPAM". Customer agrees that any inappropriate postings, at the sole discretion of ATG/Wolfe, may result in immediate account suspension or cancellation.
(1). USENET/LISTSERV :
Commercial advertisements are inappropriate in most Usenet discussion groups and on most E-mail mailing lists.
(2). CAN SPAM ACT of 2003:
The CAN-SPAM Act of 2003 (Public Law No. 108-187) was signed into United States Law by President George W. Bush late in 2003, to be effective beginning January 1, 2004. (You can read the new law in its entirety at http://www.spamlaws.com/federal/108s877enrolled.pdf).
If you use email in connection with the operation of your web site or service, you agree as follows:
- All such electronic messages initiated or sent by you or on your behalf must:
Identify you as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that someone other than you is the sender or sponsor of, or has procured you to send, such electronic messages. To be clear, you may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to you being the sender;
Feature the service or product offering(s) that you are offering the recipient as its primary contents and purpose;
Contain a valid physical postal address for you (and not any other person or entity);
Be clearly and conspicuously identified as an advertisement or solicitation, unless you have received affirmative consent to send electronic messages to that recipient.
- You must be able to supply to us, at our request, evidentiary proof that all recipients of your electronic message have given consent to receive your electronic message. Examples of proof that we look at are first and last name of each recipient, email address of each recipient, date that the recipient agreed to receive your electronic message, Internet Protocol (IP) address from which recipient was attached to the internet at the time that they agreed to receive your electronic message, and any other proof that you may want to offer in an effort to substantiate that all recipients of the electronic message agreed to receive such messages from you or on your behalf (collectively, the "opt-in process").
- You will implement and employ in connection with each electronic message sent by you or on your behalf an effective mechanism and procedure for any recipient of such electronic message to be able to request during the following thirty (30) days at a minimum not to receive further electronic messages from you or those sending electronic messages on your behalf and except as otherwise expressly permitted by applicable law, such request shall be heeded within ten (10) business days of receipt of such request (collectively, an "opt-out procedure").
You will insure that such opt-out procedure is fully compliant with any and all applicable laws, rules and regulations, including the requirements of the CAN-SPAM Act of 2003 .
Pursuant to or in addition to the requirements of the CAN-SPAM Act of 2003, such opt-out procedure, you must also provide us, at our request, the email, SMS, IM or other address of any recipients that exercised such opt-out procedure. You may not sell any lists of recipients that have exercised such an opt-out procedure.
- You may not send messages that contain sexually-oriented material without placing warning labels and otherwise complying with applicable laws including the CAN-SPAM Act of 2003 in all respects.
- No messages may be sent by or through any computer without authorization, including by relay or retransmission, or contain false header information regarding the transmitting computers and transmission path including the originating electronic mail address, domain name or Internet Protocol address.
- You agree to comply with the CAN-SPAM Act of 2003 and any rules and regulations that are promulgated by any governmental authority in respect thereof and any and all orders, judgments and decrees of any court, agency or other authority relating thereto and any other applicable foreign, federal, provincial, state, or local law applicable to the use or transmission of electronic message. While some of the requirements of the CAN-SPAM Act of 2003 are set forth herein, compliance with these terms shall not be construed as or deemed to be sufficient to comply with any such or other applicable law.
- You shall provide ATG/Wolfe with any information requested by us at any time, that may be construed as evidence that you have complied with all aspects of the CAN-SPAM Act of 2003. Further, you authorize us to provide any information, including confidential information, and otherwise make any disclosures that we determine to be necessary or appropriate about you or your participation or activities on or in relation to your use of any ATG/Wolfe provided resources to any local, state, provincial, federal or foreign governmental authority or Internet Service Provider bringing or contemplating the bringing of any action or conducting any investigation in relation to the enforcement of any applicable laws, including the CAN-SPAM Act of 2003.
- ATG/Wolfe shall not be construed or deemed as having "procured" you or your services to send or initiate any email or other types of electronic messages to any computer, including for the purposes of promoting us or our respective trade or business, or goods, products, property, or services.
Customer understands and agrees that any communications in violation of the above CAN-SPAM Act of 2003 policy is inappropriate and, at the sole discretion of ATG/Wolfe, may result in immediate account suspension or cancellation.
Any mailing or posting of "Make Money Fast", "Fast Cash", pyramid schemes, or chain letters of any kind is expressly prohibited.
Spoofing E-mail and News posts
All Customer E-mail and news posts shall have the Customer's valid account name in the header. Customer may use another existing ATG/Wolfe or non-ATG/Wolfe E-mail address in the "reply to" field as long as it is clear that the post came from your ATG/Wolfe account. Use of standard "anonymous re-mailers" is allowed for private (noncommercial) E-mail and posting.
Please read the User Agreement and Copyright Notice by clicking on the "All Rights Reserved" link.
ATG/Wolfe respects Customer's privacy and will make reasonable attempts to protect Customer's privacy. Provided, ATG/Wolfe will comply with any lawful warrant or court order for Customer information pertaining to his/her account.
Harassment, slander and defamation based upon, including but not limited to, race, religion, creed or sexual orientation is expressly prohibited.
Inappropriate use of Web Service
ATG/Wolfe provides space for commercial web pages with some products/services. ATG/Wolfe assumes no responsibility for the content of such pages. Please see Disclaimer section. ATG/Wolfe will review complaints about 'inappropriate' web pages on a case-by-case basis.
ATG/Wolfe IRC rules
ATG/Wolfe prohibits IRC client software to be run through a shell account on any servers owned by ATG/Wolfe. IRC client software must be run from the Customer's own network or computer.
ATG/Wolfe prohibits Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers.
If ATG/Wolfe receives a complaint, ATG/Wolfe will investigate the abuse/complaint on a case-by-case basis, and reserves the exclusive right to take any remedial actions.
Abuse of ATG/Wolfe Products/Services
ATG/Wolfe prohibits any use of ATG/Wolfe system resources that disrupts the normal operation of the network or the normal usage by other ATG/Wolfe customers.
To report abuse, please contact: firstname.lastname@example.org.