Acceptable Use Policy (AUP)
ESVBA Communication’s Internet Service
INTRODUCTION AND SCOPE
General: The Internet is a semi-public network, the effectiveness of which is dependent upon the observance of certain minimum standards of behavior by its users. To define acceptable standards of behavior, and to protect the security and proper functioning of the network for the benefit of each network owner, service provider and end-user, standard industry practice dictates the establishment and observance of an Acceptable Use Policy (AUP). All internet users are expected to comply with this AUP as a condition to their being granted use of the ISP’s network. AUP-compliant behavior helps assure that Internet service will remain a reliable and useful communications medium. Accordingly, the Eastern Shore of Virginia Broadband Authority (“ESVBA”) has adopted the following Acceptable Use Policy, setting forth user guidelines defining acceptable use of the ESVBA Internet Network. All users of the ESVBA Internet Network are expected to comply with this policy. Users must also comply with all terms and conditions of the applicable service agreements, and with any additional policies that may be applicable to a specific service offered by ESVBA.
Definitions: As used in this Acceptable Use Policy, the following terms shall have the respective meanings set forth below:
“Client” or “Clients” shall mean any person or entity executing an agreement with ESVBA pursuant to which such person or entity subscribes for ESVBA Internet Network services from ESVBA and any user permitted by such person or entity to utilize the ESVBA Internet Network to access the Internet.
“ESVBA” includes, without limitation, ESVBA and any division, subsidiary, affiliate, or parent corporation of any of the foregoing.
“ESVBA Internet Network” includes, without limitation, ESVBA networks that provide access to the Internet, and all systems, services, and products that utilize, or are utilized in connection with the Internet access portion of ESVBA networks.
Conformance With Policies of Other ISPs: In situations where data communications are carried across networks of other Internet Service Providers (ISPs), users of the ESVBA Internet Network must also conform to the applicable acceptable use policies of such other ISPs.
Responsibilities of ESVBA: ESVBA shall be responsible for designing and providing an Internet access network that will support the needs of ESVBA’s Clients. The network will be designed for reliability (uptime) in excess of 99.9%, and will have sufficient Internet access bandwidth, including reasonable oversubscription, to meet the normal business bandwidth needs of all ESVBA clients.
ESVBA may make changes in its AUP from time to time, and will post all such changes on its website. Use of the ESVBA Internet Network services after changes to the AUP are posted on the ESVBA’s web site, www.esva.com, shall be deemed to constitute Client’s acceptance of such new or additional terms of the AUP.
ESVBA does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that Clients may acquire over the Internet. For this reason, the Client must exercise his or her best judgment in relying on information obtained from the Internet. Clients also should be aware that some material posted to the Internet is sexually explicit or otherwise potentially offensive to some or all Clients. Because ESVBA does not monitor or censor the Internet, and will not attempt to do so, ESVBA cannot accept any responsibility for injury to its Clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
ESVBA does not review, edit, censor, or take responsibility for any information its Clients may create on the Internet.
ESVBA is not responsible for the privacy or security of the websites or on-line communications of its Clients, or for the security of information transmitted over ESVBA facilities. Accordingly, ESVBA urges its Clients to take appropriate measures to safeguard their Internet communications.
ESVBA will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. ESVBA may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Use of the ESVBA Internet Network by Client constitutes Client’s authorization to ESVBA to monitor its services consistent with the foregoing sentence.
ESVBA may disclose information, including but not limited to, information concerning a Client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. ESVBA assumes no obligation to inform the Client that Client-specific information has been provided to any person or entity. ESVBA will continuously operate the ESVBA Internet Network in conformity with applicable laws.
ESVBA may disclose Client information or information transmitted over its network where necessary to protect ESVBA and others from harm, or where such disclosure is necessary to the proper operation of the system.
Responsibilities of Users – Prohibited Uses of ESVBA’s Internet Network: When Clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over ESVBA’s Internet Network and may reach a large number of people, including both subscribers and non-subscribers of ESVBA, Clients’ postings to the Internet may affect other subscribers and may harm ESVBA’s goodwill, business reputation, and operations. For these reasons, it is a violation of ESVBA policy and the Service Agreement for clients to engage in the following prohibited activities:
A. Spamming: — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). This practice is not only harmful because of its negative impact on consumer attitudes toward ESVBA Communications, but also because it can potentially overload the ESVBA’s network and disrupt service to ESVBA subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ESVBA will determine, based upon all available evidence, whether the email recipients were from an “opt-in” email list.
B. Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Additional prohibited activity includes engaging in activity that violates protected privacy, publicity, or other personal rights of others. ESVBA is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. ESVBA shall terminate the privileges of Clients who commit repeat violations of copyright laws.
C. Obscene Speech or Materials — Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. It is a violation of this policy to use ESVBA’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. ESVBA does not prohibit any material allowed by law or protected by the First Amendment to the United States Constitution. ESVBA is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, ESVBA’s Internet Network.
D. Defamatory or Abusive Language – Using ESVBA’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
E. Forging of Headers or Content — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Forging or misrepresenting any data with false or misleading content.
F. Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”), or any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
G. Exploitation of Vulnerabilities in Hardware or Software for Malicious purposes –Exploitation of scripts presented on web pages (i.e. forms for answering questions or entering data.), or activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (i.e. DDOS, SYN Floods or similar attacks.)
H. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing, creating or sending Internet viruses, worms, Trojan horses, or instituting activities that constitute flooding, mail bombing, or denial of service attacks. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment is likewise prohibited.
I. Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to SPAM, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
J. Export Control Violations – Illegally exporting encryption software over the Internet or otherwise, to points outside the United States.
K. Other Illegal Activities — Engaging in illegal activities, including participation or promotion of pyramid schemes or other fraudulent activity, fraudulently charging credit cards, and pirating software.
L. Other Activities — Engaging in activities, whether lawful or unlawful, that ESVBA determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
CONSEQUENCES OF NON-COMPLIANCE: Violation of this Acceptable Use Policy is strictly prohibited. ESVBA maintains the right to terminate a customer service that violates this acceptable use policy. Upon such a termination of service pursuant to this AUP, Clients will nevertheless be financially responsible for any and all applicable early termination fees.
In the event of any actual or potential violation, ESVBA reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided by ESVBA, to block any abusive activity, or to take any other actions as deemed appropriate by ESVBA in its sole discretion. Violators of this Acceptable Use Policy may incur criminal or civil liability. ESVBA may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with civil or criminal investigations of any such violations. Subscribers who provide Internet services to others shall comply fully with all applicable laws concerning the privacy of on-line communications. Failure to comply with such privacy laws will constitute violation of this Acceptable Use Policy. Clients agree to indemnify ESVBA for any violation of this AUP, law, or ESVBA policy that results in loss to ESVBA or the bringing of any claim against ESVBA by any third-party. In the event of suit against ESVBA as a result of Client activity, the Client will pay any and all damages awarded against ESVBA, plus costs of defense, including but not limited to reasonable attorneys’ fees, and shall otherwise fully defend and hold harmless the ESVBA against any and all claims, demands suits or other obligations arising as a result of Client’s violation of this AUP.
Responsibilities of Resellers and Downstream Service Providers: Some users may be customers of Internet Service Providers (ISPs) that receive Internet connectivity through ESVBA. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their customers of this Acceptable Use Policy and for enforcing its restrictions with regard to their customers’ actions. Complaints regarding customers of any such reseller or downstream service provider shall be forwarded to such reseller or downstream service provider for resolution. If at any time ESVBA determines that such reseller or downstream service provider is not taking appropriate action in accordance with this Acceptable Use Policy, ESVBA shall work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, ESVBA will take any action, as it deems appropriate, up to and including termination of this and any other applicable agreement between ESVBA and the service provider.
Additional Terms and Conditions: The use of the ESVBA Network by any Client is subject to the terms and conditions of any and all agreements entered into by such Client with ESVBA. This Acceptable Use Policy is hereby incorporated into such agreements by reference.
Limitation of Liability: ESVBA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY VIRTUE OF OR AS A RESULT OF TAKING ANY ACTION PURSUANT TO THIS AUP. ESVBA SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN ESVBA AND CLIENT. ESVBA MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE ESVBA NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
Questions, Comments, or Complaints: We hope this Acceptable Use Policy is helpful in clarifying the obligations of Internet users, including ESVBA and its Clients, as responsible users of the Internet. If you are unsure whether any contemplated use or action is permitted, please contact the Network Administrator.
Any complaints regarding prohibited use or other abuse of the ESVBA Network, including violations of this Acceptable Use Policy, should be directed to the Network Administrator. Sites experiencing live attacks from ESVBA customers should contact the ESVBA to submit a complaint as quickly as possible.
For further information about this Acceptable Use Policy, please contact: