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Acceptable Use Policy
Madison River Communications IP Products and Services
The Acceptable Use Policy (AUP) below has the purpose to ensure a
responsible use of the net and its resources, and to avoid practices
that degrade the usability of the network. It concerns the image and
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reputation of Madison River Communications as a responsible service
provider by taking care of security, reliability and privacy of Madison
River Communication's systems and network.
Madison River Communications ("MRC") reserves the right to modify this
policy at any time and any such modification shall be automatically
effective as to all customers when adopted by Madison River
Communications and posted on its website http://www.madisonriver.biz. By
continuing to use Madison River Communication's services, you will be
deemed to have agreed to these Terms and Conditions of Use.
- Overall Guidelines
- The Customer accessing the Madison River Communications service
network may only use the network for lawful purposes. The use of the
network or systems in violation of any applicable laws or regulations
is prohibited. This includes but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute and
material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws.
- The Customer will indemnify and hold MRC harmless from any claim
brought by third parties alleging that use of the network by the
Customer has infringed any applicable laws or regulations. The Customer
shall defend and pay all costs, damages, awards, fees (including
reasonable legal fees) and judgments finally awarded against MRC
arising from such claims. The customer shall give MRC notice of any
claim the Customer is involved with or aware of.
- MRC will not communicate its customers e-mail addresses or other
personal identification to any third party without prior written
approval. Exceptions are made within the scope of judicial and lawful
investigations to which MRC will fully co-operate.
- The Customer may not resell Madison River Communications services
without the express written consent of Madison River Communications
- Services
All of MRC's network and system services are provided according to
scheduled fees for each type of service. You agree to use such services
in accordance with the terms set forth below.
Email and Web-Hosting Services
- Unsolicited Email Prohibited - You may not use MRC-hosted email
addresses for the purpose of sending unsolicited email. You may not use
or cause to be used MRC's equipment, network connectivity, or other
resources to originate, deliver, relay or otherwise transmit
unsolicited email messages. You may not engage in any of the foregoing
prohibited activities by using the service of any other provider,
third-party agent, remailing service or address forwarding service, in
such a way that MRC's network addresses or MRC-hosted web or email
services are in any way identified as being associated with the sending
of unsolicited email.
- Unauthorized use, or forging, of mail header information (e.g.
"spoofing") is prohibited
- Madison River Communications reserves the right to suspend or delay
delivery of email to Customer utilizing the Email Services and/or the
Virtual Domain Email if the volume of email being redirected, stored,
or delivered on the Customer's behalf is deemed excessive. Excessive
traffic is defined as any amount of email that consumes more than 10MB
of disk storage space per individual mailbox or any volume of email
traffic that noticeably degrades performance on the server in question,
in the sole discretion of MRC. Stored mail exceeding these limits may
be transferred to a compressed file at Madison River Communication's
discretion. MRC will attempt to notify the account holder via the
account contact information on record, however MRC reserves the right
to delete the contents of such email boxes upon thirty (30) days after
attempted notification.
- System and Network Security
Violations of system or network security are prohibited, and may result
in criminal and civil liability. MRC will investigate incidents
involving such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples of system or
network security violations include but are not limited to the
following:
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system
without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including,
without limitation,
- Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
- Filtering of Incoming Email
- As owner of the equipment and other resources utilized to provide
services, Madison River Communications reserves the right to block
electronic communications from other entities on the Internet,
including but not limited to those entities listed through MAPS (Mail
Abuse Prevention System). Customers should be aware that such blocking
or filtering may take place if deemed necessary by the designated
members of the MRC operations staff.
- Open Resources - those at risk for abuse
- Upon notification of the existence of an abusable resource,
including but not limited to, an open news server, an unsecured mail
relay or a smurf amplifier, Customer shall immediately take all
necessary steps to avoid any further abuse of such resource. Any abuse
of an open resource that occurs after Customer has received such
notification shall be considered a violation of this Acceptable Use
Policy and enforced as such.
Each MRC IP Customer is responsible for the activities of its Customer
base/representatives or end-users and, by accepting service from MRC,
is agreeing to ensure that its customers/representatives or end-users
abide by this Policy. Complaints about customers/representatives or
end-users of a MRC IP Customer will be forwarded to the MRC IP
Customer's account contact for action. If violations of the Madison
River Communications Acceptable Use Policy occur, MRC reserves the
right to terminate services with or take action to stop the offending
Customer from violating MRC's AUP as MRC deems appropriate, without
notice.
Indemnification
Madison River Communications has no practical ability to restrict all
conduct, communications or content which might violate these Terms and
Conditions prior to its transmission, nor can MRC ensure prompt removal
of any such communications or content after transmission or posting.
Accordingly, MRC does not assume liability to you or to others for any
failure to enforce, or delay in enforcing, the terms and conditions set
forth herein. Furthermore, you agree to defend, indemnify and hold MRC
and its officers, directors, employees and agents harmless from any and
all liabilities, costs and expenses, including attorneys' fees related
to or arising from any violation of this Agreement by you or those who
access the Service through your account, or the use of the Services or
the Internet and the placement or transmission of any message,
information, software, audio files or other materials on the Internet
by you or those who have access to the Service through your account.
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