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1. INTRODUCTION The intent of NightOwl Internet Gateway’s Acceptable Use Policy (AUP) is improving the use of the NightOwl Internet Gateway services by proactively preventing unacceptable use. All NightOwl Internet Gateway’s customers and customers of NightOwl Internet Gateway’s customers or any downstream customers including visitors of customers using NightOwl Internet Gateway services must comply with this AUP. In consideration of providing Internet connection services, NightOwl Internet Gateway shall charge to the customers a periodic fee as stated in this agreement. The periodic fee shall be subject to change upon thirty days written notice. As a user of NightOwl Internet Gateway, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of NightOwl Internet Gateway. It is understood that information on the Internet may be unedited, uncensored, and offensive to you. You access such information at your own risk. NightOwl Internet Gateway does not censor or exercise editorial control over content on the Internet including any web sites, email, news groups, or anything that can be accessed through our services. We do reserve the right to remove anything that in our sole discretion violates this AUP, is illegal or may subject NightOwl Internet Gateway to potential liability. DSL Extreme may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in suspension or termination or your account without notice. NightOwl Internet Gateway reserves the right to refuse service to anyone. 2. VIOLATIONS OF NIGHTOWL INTERNET GATEWAY’S ACCEPTABLE USE POLICY The following are violations or NightOwl Internet Gateway’s AUP:
3. UNSOLICITED BROADCAST EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM) NightOwl Internet Gateway has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (UBE/UCE), commonly known as “Spam”, whether originating from customers, from customers' customers, or from customers that provide services which are used to support spam. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam, is prohibited. What does NightOwl Internet Gateway consider spam: NightOwl Internet Gateway defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions. NightOwl Internet Gateway’s customers, and customers of NightOwl Internet Gateway’s customers or any downstream customers, are prohibited from sending and shall not allow their connection to NightOwl Internet Gateway to be used for sending spam. NightOwl Internet Gateway customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. NightOwl Internet Gateway’s customers will be held responsible for all traffic either sent via their connection to NightOwl Internet Gateway or sent elsewhere using Internet services provided via their connection to NightOwl Internet Gateway. "Internet services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services. Reporting of spam activity and possible repercussions: If NightOwl Internet Gateway receives a complaint, it will be forwarded to customer for a response and a complete explanation of the process taken to reach a resolution. If within twenty-four (24) hours there is no response indicating complete resolution, NightOwl Internet Gateway may block traffic to and from the IP address involved in the spam complaint (i.e. suspend the account) until NightOwl Internet Gateway is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If NightOwl Internet Gateway receives repeat complaints indicating that a problem has not been resolved, NightOwl Internet Gateway may suspend or cancel the offenders account, at their sole discretion. NightOwl Internet Gateway may charge customer and customer shall pay $1000.00 per valid spam complaint of which NightOwl Internet Gateway is notified. NightOwl Internet Gateway also reserves the right to block traffic to and from the IP address (es) involved in hacking, and/or port scanning or other malicious activity. In addition, from time to time, NightOwl Internet Gateway blocks third party IP addresses that NightOwl Internet Gateway believes are used for the distribution of spam or are designated as open relays. Any blocking of such IP addresses shall prevent NightOwl Internet Gateway customers from sending or receiving traffic to and from such IP addresses. NightOwl Internet Gateway also reserves the right to cancel an account of a known or alleged spammer without any notice at their sole discretion. Receipt of Spam NightOwl Internet Gateway does not accept unsolicited commercial email as defined by Missouri Business and Professions NightOwl Internet Gateway defines "spam mail" as any email addressed to a person with whom the sender does not have a prior relationship with, sent without the express consent of the recipient. Missouri has several laws regarding spam email that apply not only to NightOwl Internet Gateway members, but also to anyone using NightOwl Internet Gateway to deliver mail. (including delivering mail to a NightOwl Internet Gateway address) One of these laws provides for a $50/spam up to a $25,000 penalty/day for spamming, defining spam in the following manner: "It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship" and "It is not sent at the request of or with the express consent of the recipient." These laws may be found at http://www.spamlaws.com/state/mo.html We reserve the right to press charges under the appropriate laws in addition to the charges we impose upon a user who has violated this acceptable use policy. 4. TECHNICAL SUPPORT NightOwl Internet Gateway assumes that the user has a basic understanding of their computer. NightOwl Internet Gateway will not train users in basic computer skills such as, but not limited to deleting files or creating directories. Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines. 5. BILLING NightOwl Internet Gateway offers a 30 day money-back guarantee for dial-up (modem access) and web hosting accounts. There is no money back guarantee for any other services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time beyond 30 days. Accounts that are more than 1 (one) day delinquent in payment may be suspended until payment has been received. Your account is not "monitored" for inactivity and we do not assume that you wish to cancel if you have not used your account. Customer is responsible for any disputed charges beyond 60 days from the date of the charge. All accounts suspended for non-payment are subject to a $10.00 re-activation fee. VISP reseller accounts incur a minimum $50 re-activation and a maximum $200.00 re-activation charge dependent upon your user subs that are deactivated or reactivated. Any accounts who go into collections status will be transferred to a collections agency and incur a $25.00 processing fee. 6. CANCELLATIONS It is the customer’s responsibility to cancel an account with a written notice to the Customer Service Department at NightOwl Internet Gateway. Customers who wish to cancel their account must give a 30 day notice before canceling. The Customer Service Department can be reached by fax at 636-942-7051, or by sending an email to our cancellation department. You can send the email to acct@nightowl.net A specific reason for cancellation and the specific date that it will take place should be listed in the written notice. Once you have canceled the account, you are responsible for monitoring any charges that occur. You are responsible for any usage fees up to thirty days after your cancellation request is received. Early termination fees will be applied to accounts in a contract that break their contract due to cancellation. 7. CHOICE OF LAW You and NightOwl Internet Gateway agree that the law of the State of Missouri, U.S.A. will apply to all matters relating to this Agreement and to NightOwl Internet Gateway In addition, you and NightOwl Internet Gateway agree and consent that the courts of Jefferson County, Missouri, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. Customers agrees to defend, indemnify and hold harmless NightOwl Internet Gateway, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to member's use of NightOwl Internet Gateway’s service. Customers have no property rights in the e-mail and web page addresses supplied by NightOwl Internet Gateway, and understand that this agreement is assignable by NightOwl Internet Gateway. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with NightOwl Internet Gateway. This agreement shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty days written notice. 8. PORT FILTERING A port 25 (outgoing mail) filter is applied to all customers to prevent against spam generated from our network. Customers with a static IP address connection who wish to have the filter removed in order to run a mail server may do so by contacting support@nightowl.net In addition, we will periodically scan port 25 over your Wireless connection Dial connection or DSL line to make sure your mail server is not an open relay. If we find an open relay on your mail server, the port 25 filter will be reinstated and you will be notified by the contact email address entered above. NightOwl Internet Gateway reserves the right to block any port without prior notice to protect the network and the end users from potential virus attacks spreading over a certain port. 9. REPORTING VIOLATIONS OF NIGHTOWL INTERNET GATEWAY’S AUPNightOwl Internet Gateway requests that anyone who believes that there is a violation of this AUP direct the information to our abuse department, at: abuse@nightowl.net If available, please provide the following information:
10. REVISIONS TO THIS AUP NightOwl Internet Gateway reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service. |
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