Internet Acceptable Use Policy
- This Acceptable Use Policy specifies the actions
prohibited by Pine Telephone to users of the Pine Telephone
Network. Pine Telephone reserves the right to modify
this Policy at any time.
General Information
Pine Telephone System, Inc. is committed to providing high-quality Internet products and services for its customers. Pine Telephone also is committed to being a responsible member of the Internet Community. Therefore, Pine Telephone holds both itself and its customers to a higher standard of accountability as set forth in this Acceptable Use Policy. Pine Telephone's Acceptable Use Policy specifies the actions prohibited by Pine Telephone to users of the Pine Telephone Network. Pine Telephone reserves the right to modify this Policy at any time. If PIne Telephone receives abuse complaints, Pine Telephone will work diligently to resolve these complaints with our customers. However, if a customer does not abide by Pine Telephone's Acceptable Use Policy or otherwise fails to cooperate adequately in the resolution of any complaint, Pine Telephone may immediately restrict or terminate the customer's services, at Pine Telephone's sole discretion, in addition to any other remedy that may be available to Pine Telephone.
Illegal Use
The Pine Telephone Network may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law, policy, rule, or regulations 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, pornographic, defamatory, constitutes an illegal threat, or violates export control laws. Pine Telephone has the right, in its sole discretion, to take such action as necessary, including but not limited to: blocking or suspension or termination of the customer's services, relative to any material that in Pine Telephone's sole judgment violates this Policy. Pine Telephone is not responsible nor will Pine Telephone be liable for the removal of, failure or delay in removing any such material.
System and network security
Violations of system or network security are prohibited and may result in criminal and civil liability. Pine Telephone 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, 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 to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks. - Forging any TCP/IP packet header or any part of the header information in an email or a
newsgroup posting.
Email Sending or causing to be sent unsolicited electronic mail messages (spam), including, without limitation to commercial advertising and informational announcements is explicitly prohibited. Pine customers may not alter the headers of outbound email messages to conceal an email address or to prevent recipients from responding to a message. Additionally, a valid reply-to address is required fro all outbound email. A user shall not use Pine’s mail server to deliver bulk email of 100 or more recipients per mailing, or another site’s mail server to relay mail without the express permission of the site. Pine reserves the right to take any and all legal and technical action required to prevent mail relaying, and unsolicited email from entering, utilizing or remaining within the Pine Telephone Network. A customer running their own mail server may not relay through Pine’s mail servers. If Pine receives complaints resulting from an open relay, the customer may be subject to network restrictions or deactivation. POP (Post Office Protocol) mail clients should be configured to check for new mail at intervals no shorter than 5 minutes. A customer performing excessive checks for new mail may be blocked from accessing the POP mail server until proper customer configuration changes have been made.
Distribution of Internet Viruses
or Other Destructive Activities
Distributing information regarding
the creation of and sending Internet viruses, worms, Trojan
Horses and other destructive activities such as cracking is
expressly prohibited.
Other Activities
Engaging in activities, whether
lawful or unlawful that Pine determines to be harmful to its
subscribers, operations, reputation, goodwill or customer
relations is expressly prohibited.
DISCLAIMER OF WARRANTIES AND
LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR
OTHERWISE PROVIDED THROUGH A PINE TELEPHONE PORTAL OR
NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR
PROVIDED TO YOU THROUGH A PINE TELEPHONE NETWORK OR PORTAL IS
PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”
PINE TELEPHONE, ITS AGENTS, AND ITS LICENSORS DO NO WARRANT
THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY
CONTENT OR INFORMATON AVAILABLE THROUGH ITS PORTAL OR
NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR
OWN RISK. PINE TELEPHONE DOES NOT GUARANTEE THAT ITS
NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL PINE
TELEPHONE, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE
LIABLE TO YOU RO ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM
THE USE OF ITS NETWORK OR PORTAL. THIS IS A
COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND- FOR EXAMPLE, COMPENSATORY, SPECIAL,
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES. LOSS OF DATA,
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROEPRTY AND CLAIMS OF
THIRD PARTIES – EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES, YOU AGREE THAT THE AGGREGATE
LIABILITY OF PINE TELEPHONE, ITS AGENTS, AND ITS LICENSORS,
IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY
CONNECTED TO ANY PINE TELEPHONE NETWORK OR PORTAL WILL NOT
EXCEED $100.00. BECAUSE SOME STATES DO NO ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR
IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, THE LIABILITY OF PINE TELEPHONE,
AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
INDEMNIFICATION
You agree to indemnify, defend and
hold harmless Pine Telephone from and against all claims,
liabilities, losses, expenses, damages and costs (including
reasonable attorneys’ fees) that arise from: (1) any
violation of this Policy and Agreement by you; (2) any
violations of any rights of a third party by you; (3) any
violation of applicable law; (4)information or content that
you submit, post, transmit or make available through our
Website or Network; or (5) your use of our Portal or Network.
MODIFICATION OF THIS POLICY AND
AGREEMENT
We reserve the right to modify
this Policy and Agreement at any time, effective upon the
posting, as modified, on
www.pinetel.com. You agree to the Policy and
Agreement by accessing or using our Website, products or
services, or by sending any electronic transmission through
our Network.
MISCELLANEOUS
Any failure to insist upon or
enforce performance of any provision in this Policy and
Agreement will not be construed as a waiver of any provision
or right. Neither the course of conduct between the
parties nor trade practice will act to modify any provision
in this Policy and Agreement. Pine Telephone may assign
its rights and duties under these terms to any party at any
time without notice to you. If any provision of this
Agreement is deemed unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable
from these terms and conditions so that it does not affect
the validity and enforceability of any remaining provisions.
