Acceptable Usage Policy
Acceptable Usgae Policy (AUP)
This Acceptable Usage Policy (“AUP”) sets out how the Service(s) (which include any voice or broadband services that you have ordered or use) provided by Ripplecom may be used and any restrictions on the use of the Service(s). Ripplecom may revise this Acceptable Usage Policy (“AUP”) from time to time without notice by posting a new version of this document on the Ripplecom web site at http://www.ripplecom.net. Accordingly, you should consult this document regularly to ensure that their activities conform to the most recent version. Questions regarding this AUP and complaints of violations of this AUP can be directed to firstname.lastname@example.org. This AUP forms an integral part of the Terms and Conditions for the Service(s).
1. Prohibited Activities
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Inter- net’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.
When you obtain information through the Internet, you must keep in mind that Ripplecom cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers acquire. For this reason, you must exercise your best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet can be sexually explicit or otherwise offensive. Because Ripplecom cannot monitor or censor the Internet, and will not attempt to do so, Ripplecom cannot accept any responsibility for injury to you that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When you disseminate information through the Internet, you also must keep in mind that Ripplecom does not review, edit, censor, or take responsibility for any information you create. When you place information on the Internet, you have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information you create is carried over Ripplecom’s network and may reach a large number of people, including both subscribers and non-subscribers of Ripplecom, your postings to the Internet may affect other sub- scribers and may harm Ripplecom’s goodwill, business reputation, and operations. For these reasons, you violate Ripplecom policy and the service agreement of you, your customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited. It is not only harmful because of its negative impact on subscribers’ attitudes toward Ripplecom, but also Ripplecom specifically requires that, unless expressly approved by Ripplecom in writing:
• subscribers will not use the Service to send the same or substantially similar unsolicited message to 10 or more recipients or 10 or more usenet news groups in a single week; • subscribers will not use any Internet services not provided by Ripplecom to send more than 10 unsolicited messages to individuals or newsgroups in one week to advertise a web site, email address or other service provided to you by Ripplecom; • subscribers will not maintain an open SMTP relay.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copy- rights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities is prohibited. Engaging in activity that violates privacy, publicity, or other personal rights of others is also prohibited. For the avoidance of doubt, you should assume that all material which is published on the Internet is not available to copy unless otherwise explicitly stated by the copyright owner. In the event of a dispute as to whether materials posted, transmitted, re-transmitted or stored by a customer are in contravention of this section, the decision of Ripplecom shall be final.
Obscene Speech or Materials
Using Ripplecom’s network to transmit, store, or otherwise make available child pornography or obscene speech or material is prohibited. Ripplecom is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ripplecom’s network.
Defamatory or Abusive Language
Using Ripplecom’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.
Forging of Headers
You may not forge any part of the header of any electronic transmission originating within or passing through the Ripplecom’s network.
Illegal or Unauthorised Access to Other Computers, Accounts or Networks
Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempt- ing to penetrate security measures of another individual’s system (often known as “hacking or cracking”) is prohibited. Also, 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) is prohibited.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flood- ing, mail bombing, or denial of service attacks is prohibited. Also, 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. 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.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising or making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that Ripplecom determines to be harmful to its subscribers, opera- tions, reputation, goodwill, or customer relations.
2. Access Services
This section applies to any Internet Access Service, whether Dialup, Private Leased Line, wireless broadband or DSL Broadband circuit based.
Who may use the Service
You (and members of your household in the case of a Domestic Access account) are the only Authorised Users of the Service. You must not permit anyone else to use your Account, and you may not disclose any security information such as a password to anyone. You are solely responsible for ensuring the confidentiality of all such security informa- tion. You are liable for all charges incurred for use of your account. However, you will not be held liable if you advise Ripplecom within 24 hours of discovering unauthorised use of your account, provided said use is not due to the failure of an authorised user to exercise reasonable care over the confidentiality of security information.
Transfer or assignment of Accounts
Ripplecom access accounts cannot be transferred or used by anyone other than you or authorised System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of Ripplecom.
At no time may you use the same account to access the service multiple times.
No system has unlimited resources, and we expect you to act responsibly when consuming resources on our system(s). If you consume excessive resources on our system we may suspend your access at any time without prior notice. You must ensure that your activity does not improperly degrade any other user’s use of the Ripplecom service, nor represent an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict Ripplecom’s ability to deliver the service and monitor the service and/or network.
Fair Use Policy – Broadband
Ripplecom continuously monitors network performance and reviews the speed and connections available to heavy users (typically less than 1 per cent of all customers). Ripplecom monitors these heavy users to ensure that their us- age is not impacting other subscribers in terms of bandwidth availability and connections created. Customers who are classified as very heavy users may experience reduced speed, for as long as very heavy use continues. This applies to customers on all Options. We may need to vary the policy from time to time to ensure the best possible experience for all our customers. Our website will always be kept up to date with the latest information.
Policy on Peer-to-Peer (P2P) applications: P2P refers to certain applications that enable files and program sharing between groups of people logged on to a P2P network. Because they use uploads and downloads and are often left running 24/7, they consume significant bandwidth, even when being used by just a small number of customers. We treat P2P traffic differently from time-critical traffic (such as surfing, streaming or internet telephony) and apply speed restrictions to all P2P traffic. We manage these restrictions daily based on the demands on the network. The policy does not restrict the total use of Peer to Peer but provides a balanced approach to individual Subscriber requirements versus the requirements of the collective contented service.
Fair Use Policy – Voice
Call Packages including unlimited call minutes to end destinations defined in the Call Package are subject to this Fair Use Policy; Ripplecom reserve the right to cancel the Service without notice if the customer is deemed to have contravened the Fair Use Policy; Residential Users (defined as Consumers only, excluding business use): Call Pack- ages including unlimited call minutes to end destinations defined in the Call Package are for normal residential use only; Ripplecom considers normal residential use to include a maximum of two thousand (2,000) minutes per month in total of calls to destinations defined within the Call Package. Ripplecom reserve the right to determine at its sole discretion what constitutes normal residential use;
Privacy is a major concern at Ripplecom. We do not sell our subscribers list, or any of our subscribers information, to outside parties. We are dedicated to preserving the privacy of our customers.
Disclosure of customer information and communications
Ripplecom will not otherwise disclose its customers’ personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Ripplecom, our customers, or others, or where we have a good faith belief that the law requires such disclosure.
Ripplecom routinely collects transactional information such as traffic patterns, aggregate data regarding general surfing patterns, and other site access information. This information may be shared with vendors and other reputable third parties. The information shared never contains any identifiable personal information of Ripplecom customers. For example, we might share statistics on how many customers accessed a specific web site, how that traffic was routed within our network, and what level of traffic was involved, but we will not specifically disclose who accessed the site. In general we gather this aggregate data in order to monitor the traffic patterns and performance of our network.
Ripplecom do not routinely monitor the content of customer traffic and also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that we store or trans- mit for our customers. The circumstances under which Ripplecom will disclose such electronic customer communications are when: • it is necessary in order to provide service to the customer; • it is necessary to protect our legitimate interests and those of our customers; • it is required to cooperate with interception orders, warrants, or other legal process that we determine to be valid and enforceable; • it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by us and appear to pertain to the commission of a crime;
Ripplecom disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through our facilities by customers or others. Ripplecom will, however, review, delete or block access to communications that may harm Ripplecom, our customers or third parties. The grounds on which we may take such action include, but are not limited to, actual or potential violations of Ripplecom’s Acceptable Usage Policy. Customers occasionally wonder how Spammers can get their E-Mail addresses, so if you are receiving unsolicited email and aren’t sure of how the sending party obtained your email address, we have listed below some of the more common methods emailers use to get or guess this information: • The email address was used as a contact in the reg- istry of a domain name. This is a public record file, and a common place for bulk emailers to find the email addresses of the people in charge of domains. • The email address was used on a web page as the “webmaster” or “support” email address, or either of these accounts forward to your email account. This is also an often-used way to solicit the administrators of a web page. • You signed up for a newsletter or entered in your email address on a web page that requested it. This is a common way for companies to not only send out their own mass emailings, but to gather email addresses to sell to other companies as well. * Your email address was used in “chain letters” or emails exchanged with friends where your message has the potential to be forwarded on to unknown individuals. • The E-Mail address is a generic one, such as email@example.com, and the Spammer simply sent out the spam to all known variations of generic mailboxes. • The spammer does not have your E-Mail address, but your address is set up as a ‘catch-all’ – which means no matter what name was used as the receiver address, the mail will arrive in your account.
3. Compliance with this Acceptable Use Policy
By using the Service, you agree to adhere to the terms of this Acceptable Usage Policy. Ripplecom retains the right, but is not obliged to strictly enforce this policy through any means Ripplecom sees fit including through active investigation, litigation and prosecution. Ripplecom may also access and disclose any information (including trans- actional information) related to your access and use of the Service for any lawful reason, including but not limited to: compliance with legal or statutory obligation. If Ripplecom determines in its sole discretion that your conduct violates the terms of this Acceptable Usage Policy, Ripplecom may, without incurring liability to any user, suspend, restrict, terminate, or take any other appropriate action with regard to your Service without any obligation to refund fees paid and Ripplecom reserves the right to take such actions without notice to you.