INTRODUCTION
This Acceptable Use Policy ("AUP") is designed to enhance the experience of all EarthLink Business customers and website users by fostering the free flow of information and ideas while prohibiting unacceptable use. Your use of the Earthlink Business website, network, equipment, facilities, Internet and other services collectively ("Services") is subject to the terms of this AUP. All users who gain access to the Services through an EarthLink Business customer must also comply with this AUP. Customers of EarthLink Business, and any other user gaining access to the Services, are collectively referred to herein as "Customers," "Users," or "you". EarthLink Business shall mean the business services subsidiaries of EarthLink, Inc., which include: New Edge Network, Inc., DeltaCom, Inc., One Communications Corporation, STS Telecom, LLC., and EarthLink Managed Services, LLC.
This AUP should be read in conjunction with the Service Agreement for your particular Service, the Privacy Policy and any posted guidelines, rules, terms of service or other contractual provision on the EarthLink Business website at www.earthlinkbusiness.com. If you do not agree to comply with this AUP, you should immediately stop any use of the Services and notify EarthLink Business to close your account. EarthLink Business, in its sole discretion, may deny or restrict your use of the Services or immediately terminate your Services for any violation of this AUP.
Under normal circumstances, EarthLink Business does not actively monitor use of the Services, nor does it edit or otherwise control the content of any website, electronic mail transmission, news group, or other material developed or accessible with use of the Services. EarthLink Business may remove any materials that EarthLink Business determines, in its discretion, are illegal or otherwise violate this AUP, may subject EarthLink Business to liability, or are otherwise offensive or inappropriate. In addition, in cooperation with governmental authorities or other third parties, EarthLink Business may investigate any suspected or alleged crime or civil wrong committed with use of, or through, the Services.
ACCEPTANCE THROUGH USE
All users of the Services must comply with this AUP, as modified from time to time. By accessing or using the Services you acknowledge that you read and understood the terms of this AUP and the Privacy Policy and agree to be bound by this AUP, as amended.
VIOLATIONS
The following is a non-excusive list of examples of uses of the Services that may constitute violations of this AUP:
Illegal Use. Transmitting, uploading, posting, receiving, storing, or presenting material or data that, intentionally or unintentionally, violates any local, state, national or international law, or any rules or regulations that have the force of law, including, but not limited to, material or data regarding illegal goods or services, illegal substances, prostitution, illegal drugs, illegal weapons, terrorism, or other conduct that would constitute a criminal offense.
Gambling and Fraudulent Financial Activity. Engaging or promoting gambling in violation of any law or making fraudulent offers to sell or buy products, items, or services or to advance any type of illegal financial activity such as "pyramid schemes," "Ponzi schemes," or fraudulently charging credit cards.
Harm to Minors. Harming, attempting to harm, or exploiting minors in any way, including, but not limited to, the use of the Services (i) to receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) to post or disclose personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent.
Threats and Harassment. Uploading, transmitting or posting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of governments, groups, organizations or individuals, or (ii) espouses, promotes or incites racism or bigotry.
Spamming and Unsolicited Bulk Email. Transmitting or facilitating unsolicited commercial email or unsolicited bulk email, including, but not limited to, use of another Internet service to send spam in order to divert users to your site hosted on, or through, the EarthLink Business network, whether or not the messages were originated by you, under your direction, or by or under the direction of a third party.
Phishing. Attempting to impersonate any person or entity, engaging in sender address or network header falsification, or forging anyone else's digital or manual signature.
Copyright or Trademark Infringement. Transmitting, uploading or posting any material that infringes any copyright, trademark, patent, trade secret, or any other proprietary right of a third party, including, but not limited to, the unauthorized copying of copyrighted material, incorporating a third party's trademark within an email address without the prior authorization of the trademark owner, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. EarthLink Business's Digital Millennium Copyright Act Policy is located at www.earthlinkbusiness.com/about-us/legal/dmca.xea.
Collection of Personal Data Without Consent. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent or under false pretenses.
Canceling Other's Email Messages. Canceling email messages other than your own.
Unauthorized Access. Accessing, or attempting to access, the accounts of others without their knowledge or consent; or penetrating, or attempting to penetrate, security measures of EarthLink Business, or of another entity or person's computer software or hardware, electronic communications system, or telecommunications system, including, but not limited to, misusing or abusing account access and passwords of others; using or distributing tools designed to compromise security of computer systems or networks; or compromising the security of any Internet account or website.
Storage. Storing data within directories not assigned to you by EarthLink Business.
Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of, or interfere with, the ability of other people to effectively use the EarthLink Business network or any connected network system, service or equipment, including, without limitation, using or distributing, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniffers, flooding a network, encryption circumvention devices or unauthorized port scanning.
Spidering. Participating in the collection of a very large number of email addresses, screen names, or other identifiers of others without their prior consent, or participating in the use of software, including spyware, designed to facilitate this activity.
Denial of Service. Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, worms, or other service sending traffic to unknown third parties. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your network in an illegal or inappropriate manner.
In addition, any material or conduct in connection with the use of the Services that EarthLink Business believes to be unlawful, offensive or harmful will be considered a violation of this AUP.
CUSTOMER RESPONSIBILITY
Customers are solely responsible for the security of their own networks, systems and equipment, including, without limitation, any firewalls, firewall configurations, routers and router configurations or other equipment owned, implemented or maintained by the Customer (collectively "Customer Equipment"). EarthLink Business is not responsible for any loss of data as a result of a Customer's selection or method of security or routing configurations. In the event that a Customer requests that EarthLink Business perform any work or maintenance on Customer Equipment, EarthLink Business will not be responsible for any damages, including loss of data, resulting from such work or maintenance.
RESPONSIBILITIES OF RESELLERS AND DOWNSTREAM SERVICE PROVIDERS:
Some users may be customers of Internet Service Providers (ISPs) that receive Internet connectivity through EarthLink Business. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their customers of this AUP and for enforcing its restrictions. Complaints about customers of any such reseller or downstream service provider will be forwarded to the reseller or downstream service provider for resolution. If EarthLink Business determines that a reseller or downstream service provider is not taking appropriate action in accordance with this AUP, EarthLink Business will work with the reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, EarthLink Business will take such action as it deems appropriate, up to and including termination of the Services.
INTERNATIONAL USERS
EarthLink Business makes no claims that the materials or content available on this site or through any Service is appropriate, available or supported for use outside of the United States, or accessible from countries or territories where such use or content is illegal is prohibited. Anyone who accesses this site or any site hosted by EarthLink Business from a country or territory other than the United States is responsible for their compliance with local laws.
REPORTING VIOLATIONS OF THIS ACCEPTABLE USE POLICY
If you want to report a violation of this AUP, or have a question about this AUP, please direct the relevant information to: abuse@newedgenetworks.com for New Edge Network, Inc., abuse@deltacom.com for DeltaCom, Inc., abuse@onecommunications.com for One Communications Corporation, or abuse@ststelecom.com for STS Telecom LLC.
This policy was updated on January, 1, 2012.
