West Telecom Services, LLC (“West Telecom”) has formulated this AUP in an effort to promote responsible use of our network, systems, services, website and products (“West Telecom networks, services and products”) by our Customers and other users of the West Telecom network, services and products (collectively, “Users”). This AUP is designed to help protect West Telecom, its Customers, and the Internet community in general from fraud, abuse of resources and irresponsible or illegal activities.
1. For the purposes of this AUP, the name “West Telecom” includes West Telecom Services, LLC, its affiliates, successors and assigns, as well as third-party service providers with whom West Telecom Services contracts; therefore, protections reflected within this AUP inure to each such entity, and West Telecom may empower each such entity to enforce any or all provisions of this AUP.
2. In order to ensure compliance with this AUP, West Telecom may, at its sole discretion, monitor the usage of any User at any time. Such monitoring may include but not be limited to, the review of data and information that Users store on West Telecom systems. West Telecom can be expected to report activities that are or appear to be illegal to law enforcement or other governmental authorities for their possible investigation and prosecution. West Telecom can be expected to cooperate with law enforcement and other governmental authorities in order to satisfy any laws or regulations.
3. User agrees to use West Telecom’s site and the content (whether provided by West Telecom or its affiliates), as well as any software provided in connection with this site, in a manner consistent with all applicable laws and regulations. The transmission or other use of information or material may be subject to applicable laws and regulations. The User and any guardian or supervisor of the User, are responsible for ensuring the User’s compliance with applicable laws, regulations and the appropriate uses of this AUP. The following identifies some, however not all, uses that are prohibited under this AUP:
A. West Telecom respects the intellectual property rights of others and expects our Users to do the same. It is a violation of this AUP to use the service to unlawfully transmit or store copyrighted material. If West Telecom has a reasonable belief, in its sole judgment that a User has violated this AUP, West Telecom may take any action it deems appropriate which may include without limitation, notifying the User of a suspected violation, suspending the Users account or terminating the account. These actions are in addition to and not instead of, any and all other remedies that West Telecom may have against the User under the umbrella of the law.
B. Use of West Telecom products and services to violate the law or in aid of any unlawful act or to acquire, transmit or develop information deemed by the government to have a sensitive or a national security status.
C. Using the services to transmit, distribute, redirect, or store material that, as reasonably determined by West Telecom, is inappropriate, obscene, defamatory, libelous, threatening, abusive, hateful or which contains or incites violence.
D. Engaging in activity that may or will interfere with the service of another user, host or network on the Internet. Users are also prohibited from activity considered a precursor to attempted security violations including, but not limited to, any form of scanning, probing, or other testing or information gathering activity, without prior express written consent from West Telecom’s IP Security Manager.
E. Distribution of software, programs or messages that may cause damage or annoyance to persons, data, and/or computer systems. Hosts not timely secured or removed by customers may be blocked by
West Telecom from accessing the network.
F. The transmitting of unsolicited email to multiple recipients, sending large amounts of email repeatedly that annoys, harasses or threatens another person or entity, or attempts to use West Telecom servers as a mail drop or name server for SPAM or sending unsolicited bulk email from another Internet service provider’s network advertising or implicating any service hosted or provided by West Telecom, including without limitation; email, web hosting, File Transfer Protocol (“FTP”) and Domain Name Server (“DNS”) services. The sending of email with added words/characters in an attempt to bypass filters is prohibited. Utilizing a customer affiliate program to generate leads makes a West Telecom customer responsible for the actions of its affiliates. This control includes, but is not limited to, blocking affiliate links and sending the affiliate traffic to a 404 error type page.
G. Fraudulent activities which may include, but are not limited to, intentional misrepresentations or misleading statements, writings or activities made with the intent that the person receiving it will act upon it; obtaining services with the intent to avoid payment; and hosting of phishing websites.
H. Unauthorized access which includes the illegal or unauthorized access to other computers, accounts, or networks; accessing or attempting to access computer resources belonging to another party; attempting to penetrate security measures of other systems; using West Telecom services not included in Customer’s contract; devising ways to circumvent security in order to access unsubscribed services; using the services in a manner that encumbers disk space, processors or other system resources beyond amounts allowed by the specific type of product; and/or interfering with a service, overloading a service or attempting to disable a host not assigned to Customer.
I. Use of West Telecom products and services in a manner that interferes with others’ use of the Internet or West Telecom’s network.
J. Facilitation of a violation of this AUP by advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to allow a user to violate this AUP. This includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
K. Behavior by a customer that causes blacklisting must be remedied within forty-eight (48) hours of written, electronic or telephonic notice from West Telecom. Activities that result in re-listing are prohibited and must be stopped immediately. Known spammers, previously unidentified, will be removed from the network once identified.
L. Uses a system or software that contains viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment.
M. Uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from West Telecom’s site or otherwise monitor or copy any portion of the site, products and/or services.
N. Attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the West Telecom site.
O. Reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the West Telecom site or content, use of the site, or access to the site.
P. Systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods.
Q. Any type of detective network activity, including, but not limited to, port scanning and pinging.
4. Violations of this AUP or other non-compliances with this AUP shall, without prior notice or warning, subject the User to service suspension, termination or other such actions that West Telecom, at its sole discretion deems appropriate, or actions that law enforcement or other governmental authorities deem appropriate and may, at the sole discretion of West Telecom, cause User to forgo any refund or rebate of amounts paid. Furthermore, unless agreed to in writing, to the fullest extent permitted by law, violations of this AUP or other non-compliances with this AUP will result in no forgiveness of amounts that User still owes to West Telecom and West Telecom may pursue all remedies available in order to enforce collection, including remedies associated with the reimbursement of costs that West Telecom incurred or incurs as a result of violations or other non-compliances, and including but not limited to, costs associated with West Telecom’s efforts to enforce collection.
5. Except where required by law or regulation, or where network management or administration activities may be necessary, West Telecom does not attempt to monitor or restrict content, some of which may be offensive to Users. User shall accept all responsibility and risk for access to or use of such content, and for the use of the Internet or of services accessed through West Telecom services or arrangements. West Telecom assumes neither responsibility nor any liability whatsoever for any claims or losses arising from or otherwise relating to the access to or use of such content, for User’s use of the Internet, or for other uses of West Telecom services or arrangements.
6. User agrees to indemnify and hold harmless West Telecom, from any claims resulting from User’s use of West Telecom services or arrangements, and for any claims resulting from the use of West Telecom services or arrangements by others when User knowingly acquiesced to the use by others of West Telecom services or arrangements, or when User allowed or in any way facilitated or accommodated such use by others.
7. User is solely responsible for adhering to the permission and usage policies of any entity whose network(s), computing resource(s), service(s) or other offering(s) or platform(s) User accesses through the use of West Telecom service or arrangements. These responsibilities of User include but are not limited to, electronic mail, file transfers, Web server access and Internet postings.
8. All services and arrangements, including intellectual property associated thereof without limitation to copyrights and trade secrets remains the property of West Telecom or its licensors, the exclusive title and all associated rights shall at all times remain with West Telecom or its licensors.
9. West Telecom is not responsible for the accuracy, quality or content of information obtained through the use of West Telecom services or arrangements.
10. West Telecom is not responsible for any damages that User may suffer as a result of service interruptions or anomalies, even where such service interruptions or anomalies are the result of periodic maintenance performed by West Telecom or by its agents.
11. User shall be solely responsible for keeping duplicate or back-up files, including but not limited to website files, e-mail messages and directories separate from those stored through the services or arrangements of West Telecom. Online billing services shall be the sole responsibility of the Customer for ensuring that their computer is capable of viewing, storing, and/or printing their online invoices for payment. West Telecom offers no assurances or guarantees over the data, materials or other matter stored through the use of its services or arrangements or through underlying providers and offers no assurances or guarantees over the continued storage of such data, materials or other matter, and West Telecom does not save or back up data, materials or other matter stored through the services or arrangements provided by West Telecom or by its underlying providers. West Telecom reserves the right to impose and enforce limits on disk space used for any purpose by User, as well as on the length of time that such storage may be maintained. And West Telecom reserves the right to, without notice and atWest Telecom’s sole discretion, remove and permanently delete User’s files, including directories, from West Telecom systems, or from the systems of underlying providers, when such files or directories are determined to violate the terms of this AUP or when such files or directories exceed limitations established at West Telecom’s sole discretion. User must recognize that the removal or deletion of files will result in the removal or deletion of associated directories, and that User is solely responsible for keeping duplicate or back-up files and directories separate from those placed in the systems of West Telecom or underlying providers.
12. West Telecom may, from time to time, be called upon by law enforcement or other governmental authorities to take actions such as, but not limited to; i) the collection of User information pertaining to the use of services or arrangements provided by West Telecom; ii) the monitoring of User activities; and iii) the submission of User information to such authorities. West Telecom will comply with such demands of law enforcement or other governmental agencies; however, West Telecom may require that such authorities produce a court order or the like before West Telecom releases any User information.
13. West Telecom reserves the right to modify this AUP at any time, without prior notice to the Customer. The use of West Telecom services and arrangements following such modification(s) to this AUP shall constitute User’s acceptance of the modified AUP. Any User that does not agree to accept the modified AUP must immediately stop using the services or arrangements provided by West Telecom or underlying providers.
14. A failure by West Telecom to enforce performance of any provision within this Agreement will not be construed as a waiver of any provision or right. If any portion of this AUP is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, all remaining provisions shall remain in effect. Where any provision or portion of provision within this AUP conflicts with applicable law, the law shall supersede such provision or portion of provision and all remaining aspects of this AUP shall remain in force and effect.
15. Constant Connection Abuse: i) Idle Time — User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User’s modem and the network. West Telecom acknowledges that machine generated messages (i.e. configuration fetches) shall not constitute inactivity for the purposes of this Agreement; ii) Maximum Single Session — User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session; iii) Multiple, Concurrent Online Sessions — User agrees to maintain no more than one (1) concurrent online session for each PPP account purchased; iv) Continuous Connection —–User agrees that their account may not be used to maintain a persistent and continuous connection to the Internet and that they may not engage in any practice (such as automated and/or persistent checking of the host server) or use any software or device (such as an auto-dialing device) in an effort to maintain a persistent and continuous connection.
16. The speed of the service can vary depending on location, line quality, volume of Internet traffic and other factors beyond the control of West Telecom. West Telecom therefore, does not guarantee upload or download speeds.
To report a violation of this AUP or an abuse of West Telecom’s services, please e-mail: mailto:email@example.com