Acceptable Use Policy for Internet Service
The Acceptable Use Policy (AUP) has been created by Lightpath to promote the integrity, security, reliability and privacy of Lightpath’s network. The AUP works in conjunction with the Internet Service Attachment and Standard Service Agreement or Master Service Agreement (as the case may be) and specifies actions that are prohibited by users of the Lightpath network. Lightpath reserves the right to modify the AUP at any time and any such modification shall be automatically effective as to all users when adopted by Lightpath. Each Customer of the Service is responsible for ensuring that the use of all Services provided complies with this AUP. Any user who does not agree to be bound by these terms should immediately stop their use of the Service.
1. Illegal Use
The Service may be used only for lawful purposes. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
2. System and Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, 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 by any user, host or network including, without limitation, mail bombing, flooding, or denial of service attacks.
- Forging the header of any transmitted information packet, email or Usenet posting.
- Modifying or tampering with any hardware, software, or configuration provided by Lightpath including but not limited to routers, switches, and cable modem configuration files.
- Disrupting any aspect of the Lightpath Internet Network through any means.
- Excessive use of bandwidth that, in Lightpath’s sole opinion, goes above normal usage or goes beyond the limit allocated to the user.
- Assuming or assigning an Lightpath IP address that was not allocated to the user by Lightpath or its network. Business users should refer to the specific Service Attachment for further clarification.
3. Electronic Mail
Spam – Lightpath defines Spam (“SPAM”) as any email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a service, product, cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender. The communication does not necessarily have to pass through the Service’s email infrastructure – it only needs to originate from a service user. Residential service users may not send any communication meeting the definition above regardless of whether the recipient requested it or not. Business users should refer to their contract for further clarification of this issue.
Lightpath maintains a zero-tolerance policy regarding SPAM for all of its Internet products and will take immediate action against users violating this policy.
Lightpath’s Internet Service may not be used to collect responses from unsolicited email regardless of the email’s origination. Moreover, unsolicited email may not direct the recipient to any web site or other resource that uses the Service and the user may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited email even if that email is not sent through the Service or its infrastructure.
Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from you is a violation of this policy.
4. USENET/Internet Chat
Users may not SPAM newsgroups or chat rooms and must comply with the written charters, FAQs, rules, or terms of service for those forums the user chooses to participate. The user is responsible for determining the policies of a given group/room before posting to it. Additionally, users are not permitted to:
- Cross-post the same or substantially similar message excessively
- Post binary files to non-binary groups
- Flood or disrupt a group
5. Abusable Resources
Customers shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abusable resources include but are not limited to open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from Lightpath, users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP. Not all products permit use of these types of services; please refer to your product specific Service Attachment for further clarification.
6. User Responsibility
The user is solely responsible for the security and misuse of any device that is connected to the Service. Lightpath recommends that users implement appropriate measures to secure their systems and these measures may include installation of firewalls, antivirus protection with regular updates, regularly checking for and applying security patches for software and operating systems, and general security protections in their use of the Service.
7. Viruses
Service users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses. Lightpath will take appropriate action, in its sole discretion, against users infected with computer viruses or worms to prevent further spread.
8. Enforcement
Lightpath reserves the right to investigate violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and the examination of material on Lightpath’s servers and network. Lightpath prefers to advise customers of AUP violations and any necessary corrective action but if Lightpath, in its sole discretion, determines that a user has violated the AUP, Lightpath will take any responsive action that is deems appropriate without prior notification. Such action includes, but is not limited to, temporary suspension of service, reduction of service resources and termination of Service. Lightpath is not liable for any such responsive action and these actions are not exclusive. Lightpath may take any other legal or technical action it deems appropriate to remedy violations of this policy.
The failure of Lightpath to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
AUP.GS 9.10.21