LakeNet Internet AUP

LakeNet Internet
Acceptable Use Policy

Introduction

Our Acceptable Use Policy ("AUP") is intended to help protect our customers and the Internet community from unacceptable use of the Internet. This Policy describes activities that constitute unacceptable use of our Internet Services, and outlines actions that may be taken in the event of a violation, including termination of user accounts. Use of our Internet Service constitutes acceptance of this AUP. We reserve the right to modify and update our AUP at any time.

Security

Upon registration, customers receive a username and a password. You and members of your household are the only authorized users of your LakeNet account and must comply with this agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify LakeNet immediately upon discovering any unauthorized use of your account.

Customer shall be responsible for maintaining the security of the password(s) issued to customer.

Non-Transferability of Account

Customer may not have more than one login session per account at any time unless they have paid for a multiple login account. Nor may customer transfer or give out their dialup username and password for use by friends or others. Account sharing is a violation of the terms of this section.

Customer shall not use any LakeNet personal account for commercial purposes. Customer may not redistribute to third parties for commercial or common use, any services or products provided by or available through LakeNet.

Compliance with All Laws

The AUP requires all customers to comply with all applicable federal, state and local laws and regulations, but is not limited to matters of law and LakeNet will be held harmless in any claim against same.

The AUP also sets standards of acceptable behavior for those who use our Internet Service to participate in the Internet community.

Excess Utilization of System or Network Resources

• Multiple simultaneous logins are forbidden unless they are registered and paid for to LakeNet.

• Dial-up connections to LakeNet that are idle for 15 minutes or longer, or connected for more than 8 hours continuously, will be disconnected. Idle time is defined as a period during which no input or output is sent or received across the modem connection.

• Effective01/01/03, all dial up accounts [except the limited plan] will have unlimited or unmetered use. The following paragraph will define unlimited or unmetered use.

Unlimited Usage:

Your dialup access account cannot be used as if it were a dedicated connection . Manipulating your settings to maintain a constant connection, whether you are at your computer or not, will not only cause you to be flagged for network abuse, it can put at risk the security of your computer system especially if you have not implemented a personal firewall & password protected your system to prevent in-house intrusions!

Excessive Usage

This service is intended for reasonable use by consumers. Limitations apply to excessive usage such as excessive number of calls during a fixed period, heavy usage during business hours or heavy usage concentrated over consecutive days. Users accessing the network via a dial-up connection, may have the user session terminated if the User is connected for over 8.0 hours continuous. Anyone attempting to remain on line continuously by automatically redialing after being disconnected may be cancelled in order to protect our network resources and maintain Service availability for others.

Suspension of Accounts or Cancellation of Accounts

Members must provide LakeNet with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report to LakeNet all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

Delinquent accounts may be suspended or canceled at LakeNet’s sole discretion; however, charges will continue to accrue until the account is canceled.

Unacceptable Uses of Internet Services

In addition to use of Internet Services for any illegal purposes (some of which are described below), it is a violation of the AUP to:

Send unsolicited bulk e-mails, chain letters or mass advertising, harvest
e-mail addresses for the purpose of sending bulk e-mails or mass advertising, or otherwise engage in spamming.
Engage in excessive multiple posting to newsgroups. As a general rule, this entails posting the identical or nearly identical message to 10 or more groups within a two-week period. Users should become familiar with and comply with the guidelines or community standards governing the newsgroups in which they participate.
Engage in mail bombing or otherwise interfere with or disrupt other network users, network services or network equipment (e.g., by transmitting a virus or other software, code or files intended to limit or disrupt the function of any software, hardware or telecommunications equipment).
Use network resources in excess of any prescribed limits on bandwidth or disk utilization. For example, it is a violation of this AUP to stay logged on to our Internet Services when you are not actively using your account unless you have a dedicated account with us.
Resell our Internet Services to others without our written permission.
Obtain, or attempt to obtain, unauthorized access to, monitor, or use any data, systems, or networks without the express permission of the owner.
Relay mail via another site's mail server without express permission of that site.
Cancel any postings or messages other than your own, except for postings in your name that have been forged.
Impersonate any person or entity, including any employee or representative of LakeNet.
Disclose your password for accessing our Internet Services to a third party, or otherwise facilitate unauthorized access.
Add, remove or modify identifying network header information ("spoofing") in an effort to deceive or mislead, or any attempt to impersonate any person by using forged headers or other identifying information. The use of anonymous remailers or nicknames does not constitute a violation of this provision.
Transmit, post, store, link or distribute another's intellectual property or proprietary information, including trade secrets, trademarks, right of publicity or copyright information, without express authorization of the rights holder. Pursuant to the Digital Millennium Copyright Act, accounts of users who repeatedly infringe the copyrights of others must be terminated.
Transmit, post, store, link or distribute any material that is obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law.
Threaten bodily harm, destruction of property or otherwise engage in harassment.
Transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent or tortious information or information that is invasive of another's privacy.
Transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

You are fully responsible for all use of our Internet Services via your account. If any user of your account is suspected of violating this AUP, we may, among other things, investigate the situation and, where appropriate, cooperate with law enforcement if a criminal violation is suspected.

Procedural Matters

Anyone who believes that there has been a violation of this AUP should contact us at abuse@lakefield.net and provide the following information:

the nature of the alleged violation, along with any supporting evidence;
the date and time of the alleged violation, including the time zone; and
the IP address used to commit the alleged violation.

Where a violation of this AUP is found to have occurred, we retain full discretion to determine the response that is appropriate in the circumstances, including any one or more of the following actions:

issue a warning to the user;
remove any postings that violate this AUP;
suspend newsgroup posting privileges;
suspend the customer's account;
terminate the customer's account; and
bill the customer for administrative costs and/or reactivation charges.

LakeNet is not responsible for any failure or delay in removing such content.

Cooperation with Authorities

It is not LakeNet’s policy to disclose any customer-specific information to third parties without the consent of the customer. However, such disclosure may be necessary to investigate alleged violations of this AUP or to otherwise protect our rights or property. Disclosure to authorized governmental authorities may also be necessary and will be undertaken only as prescribed by applicable law. Disclosure of customer information may also be compelled by civil legal process.

Rights to Damages

LakeNet has the right to claim economic damages from customer if customer violates this AUP and causes any economic harm.

Disclaimer of Warranties and Limitation of Liabilities

The services are provided on an 'as is' and 'as available' basis. LakeNet does not warrant that the services will be un-interrupted, error-free, or free of viruses or other harmful components. LakeNet makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, information or service provided through LakeNet or the internet generally. No advice or information given by LakeNet or its representatives shall create a warranty. LakeNet and its employees are not liable for any costs or damages arising directly or indirectly from your use of the services or the internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages.

Revised 12/26/02