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AUP

BPS Networks Acceptable Use Policy and Conditions of Service

Application of this policy
This Agreement constitutes the entire and only agreement with respect to the subject matter and is applicable to Subscriber and all users of Subscriber's account. This Agreement supersedes all representations, agreements and other communications with respect to the subject matter except as expressly set forth in this document. This Agreement can be amended at the sole discretion of provider without notice to, or permission of subscriber. This agreement shall be deemed acceptable to both parties by subscriber’s use of service. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the Agreement shall be construed in such a way as to eliminate the offending term while giving as much effect as possible to the intentions of the parties. Provider may authorize or allow its contractors and other third parties to provide services necessary or related to performance under this Agreement and may collect payment on their behalf. Notice under this Agreement may be made by any reasonable means, including email, postal service or publication over the Service. The current agreement may be viewed online at http://www.bpsnetworks.com/node/8 and the version located at that URL shall be considered the current and applicable version of this agreement.

The Service
The Service consists of the transmission of data communications via the network infrastructure owned by BPS Networks. This statement of policy specifies the actions prohibited by BPS Networks to users of our network. This statement of policy, also, outlines recourses and rights reserved by BPS Networks under this policy.

Fees and Payment
Subscriber shall pay all taxes, fees, charges and other amounts for the Service at the rates in effect for the current billing period. BPS Networks shall make available to Subscriber a statement for each billing cycle showing payments, credit purchases and other charges. Payment is due in full each month. If payment is not received before the due date shown on the statement, Subscriber may be charged a late fee and may be subject to other fees and charges or termination of the account. Credit amounts shall not accrue interest. Subscriber shall pay the reasonable costs of any collection agency, attorney or court used by BPS Networks to collect past due amounts or to enforce this Agreement. A reactivation fee will be required before Service is reactivated after termination. BPS Networks may sell, assign or transfer Subscriber’s account to a third party without notice to Subscriber. In the absence of notice, Subscriber must continue to make all required payments in accordance with Subscriber’s billing statement.

Endorsement
BPS Networks does not endorse or in any way vouch for the accuracy or completeness of any content made available through the Service. BPS Networks does not recommend that such content be relied on by Subscriber without appropriate verification.

Illegal Use
The BPS Networks network may be used only for lawful purposes. Transmission, distribution or storage 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.

System and network security
Violations of system or network security are prohibited, and may result in criminal and civil liability. BPS Networks 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 of service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an email. Forging unique identifiers including mac-addresses.
  • Abuse of limited resources including but not limited to IP Addresses, Bandwidth or Disk Space.

Sharing of Service
Sharing of service is prohibited. Subscriber may not resell the Service to a third party. Subscriber may not allow a third party to utilize his/her connection. Subscriber is responsible to protect his/her password. Subscriber’s account is intended for the use of Subscriber and members of his/her IMMEDIATE HOUSEHOLD ONLY. Service may not be extended beyond the physical address of the demarcation point, regardless of ownership.

Email/SPAM
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through BPS Networks's servers is prohibited and grounds for immediate account termination without notice. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on BPS Networks's servers, is prohibited and grounds for immediate account termination without notice. BPS Networks accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by BPS Networks customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any BPS Networks-hosted domain, or referencing any BPS Networks account, is prohibited and grounds for immediate account termination without notice..

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org, is prohibited and grounds for immediate account termination without notice.

Servers
Users are not permitted to establish servers on any BPS Networks connection without prior, written consent from BPS Networks. Types of servers specifically banned include, but are not limited to:

  • Sharing of files (ftp servers and peer-to-peer sharing software, such as Napster® or Gnutella® are examples)
  • Mail servers (SMTP or POP3/IMAP servers)
  • Web Servers

Rights reserved by BPS Networks under this policy
BPS Networks reserves the right to monitor the connections of it’s Subscribers for the purpose of enforcing this policy. BPS Networks reserves the right to impose additional fees to cover the cost of such monitoring if, in the course of our investigation, Subscriber is found in violation of this policy. BPS Networks reserves the right to terminate, at our sole discretion, the account of any Subscriber for any reason, including, but not limited to violation of this policy. In the event that a subscriber’s account is terminated under this policy statement due to abuse, illegal activity or other violation of this policy, subscriber may be subject to termination fees as outlined in subscriber’s contract. BPS Networks reserves the right to to perform network management as it deems fit, this includes but is not limited to QOS measures and bandwidth allocation.

Disclaimer of warranties
ACCESS TO THE SERVICE IS NOT GUARANTEED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.

Limitation of liability
NEITHER PROVIDER NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUBSCRIBER’S USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR ANY BREACH OF ANY REPRESENTATION OR WARRANTY. IN ANY EVENT, NO SUCH LIABILITY SHALL EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR SERVICES PROVIDED UNDER THIS AGREEMENT FOR THE PRIOR TWO (2) MONTH PERIOD.

Subscriber liability
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A BPS NETWORKS SUBSCRIBER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH SUBSCRIBER OR END USER

Indemnity
Subscriber assumes all risk and liability for any use of the Service. Subscriber agrees to indemnify BPS Networks against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to the use of the Service.