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ACCEPTABLE
USAGE POLICY
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This Acceptable
Usage Policy ("AUP") specifies the actions prohibited by Gold Coast
DSL Inc. (“GCDSL”), to users of the GCDSL Network. GCDSL reserves
the right to modify the Policy at any time, effective upon
posting of the modified Policy to our web site; http://www.goldcoastdsl.com.
RIGHTS OF GCDSL: If Users engage in conduct
while using the Service that is in violation of the Policies
or is otherwise illegal or improper, we reserve the right
to suspend and/or terminate the Service or the User's access
to the Service. In most cases, we will attempt to notify you
of any activity in violation of the Policies and request that
the User cease such activity; however, in cases where the
viability of the GCDSL network is threatened or cases involving
UCE/SPAM, advertising, transmitting, or otherwise making available
any software, program, product, or service that is designed
to violate this AUP or the AUP of any other Internet Service
Provider, which includes, but is not limited to, the facilitation
of the means to spam, mail relaying, alteration of your source
IP address information, denial of service attacks, illegal
activities, harassment or copyright infringement, we reserve
the right to suspend your Service or the User's access to
the Service without notification. In addition, we may take
any other appropriate action, legal or otherwise, against
a User for violations of the Policies, which may include termination
of the Service. We do not make any promise, nor do we have
any obligation, to monitor or police activity occurring via
the Service and will have no liability to any party, including
you, for any violation of the Acceptable Use Policy.
ILLEGAL USE: The GCDSL 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. GCDSL 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:
| a. |
UNAUTHORIZED
ACCESS/INTERFERENCE: A User may not attempt to gain
unauthorized access to, or attempt to interfere with
or compromise the normal functioning, operation, or
security of any network, system, computing facility,
equipment, data, or information. A User may not use
the Service to engage in any activities that may interfere
with the ability of others to access or use the Service
or the Internet. A User may not use the Service to monitor
any data, information, or communications on any network
or system without authorization. A User may not attempt
to gain unauthorized access to the user accounts or
passwords of other users. |
| b. |
UCE/SPAMMING/MAILBOMBING:
A User may not use the Service to transmit excessive
volumes of unsolicited commercial e-mail messages or
deliberately send excessively large attachments to one
recipient. Any unsolicited commercial e-mail messages
or a series of unsolicited commercial e-mail messages
or large attachments sent to one recipient, constitutes
Unsolicited Commercial E-mail "UCE" and is prohibited.
In addition, "spamming" or "mailbombing" is also prohibited.
Use of the service of another provider to send UCE,
spam or mailbombs, to promote a site hosted on or connected
to the GCDSL network, is similarly prohibited. Likewise,
you may not use the Service to collect responses from
mass unsolicited e-mail |
| c. |
SPOOFING/FRAUD:
A User may not attempt to send e-mail messages or transmit
any electronic communications using a name or address
of someone other than the User for purposes of deception.
Any attempt to impersonate someone else by altering
a source IP address information or by using forged headers
or other identifying information is prohibited. Any
attempt to fraudulently conceal, forge, or otherwise
falsify a User's identity in connection with use of
the Service is |
| d. |
E-MAIL
RELAY: Any use of another party's electronic mail server
to relay e-mail without express permission from such
other party is |
| e. |
USENET
POSTINGS: All postings to USENET groups must comply
with that group's charter and other policies. Users
are prohibited from cross posting to unrelated news
groups or to any news groups where the post does not
meet that group's charter. Continued posting of off-topic
messages, including commercial messages (unless specifically
invited by charter), is prohibited. |
| f. |
UNAUTHORIZED
ACTIONS: 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. |
| g. |
OTHER
PROHIBITED ACTIVITIES: The following activities are
also prohibited: Attempting to intercept, redirect,
or otherwise interfere with communications intended
for others. Intentionally transmitting files containing
a computer virus or corrupted data. Any other inappropriate
activity or abuse of the Service (as determined by us
in our sole discretion), whether or not specifically
listed in these Policies, may result in suspension or
termination of the User's access to and use of the Service. |
INDIRECT OR ATTEMPTED
VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON BEHALF OF A GCDSL CUSTOMER OR A CUSTOMER'S
END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY.
COMPLAINTS: Complaints regarding Illegal
Use or System or Network Security issues should be sent to:
abuse@gcdsl.net.
Complaints regarding email abuse should be sent to: abuse@gcdsl.net.
Complaints regarding USENET abuse or SPAM should be sent to:
abuse@gcdsl.net.
For live incidents, please contact GCDSL Internet Abuse Investigations
at 1-866-400-8585.
INFRINGEMENT CLAIMS: It is the policy of
GCDSL to respond promptly to claims of intellectual property
infringement. After receiving a claim of infringement, GCDSL
will process and investigate notices of alleged infringement
and will take appropriate actions under the Digital Millennium
Copyright Act and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying
with the Digital Millennium Copyright Act, GCDSL will act
expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing
activity, and will act expeditiously to remove or disable
access to any reference or link to material or activity that
is claimed to be infringing.
Please direct any notices of claimed infringement of intellectual
property rights to the following person at the following address
or telephone number:
Legal Department
5151 W. Rio Vista Ave.
Tampa, Florida 33634
Telephone: 1-866-400-8585
Facsimile: 1-813-249-8414
E-mail Address: admin@gcdsl.net
COOPERATION WITH INVESTIGATIONS: We will
cooperate with appropriate law enforcement agencies and other
parties involved in investigating claims of illegal or inappropriate
activity.
PRIVACY: Because the Internet is an inherently
open and insecure means of communication, any data or information
a User transmits over the Internet may be susceptible to interception
and alteration. Subject to our On-line Privacy Policy, we
make no guarantee regarding, and assume no liability for,
the security and integrity of any data or information a User
transmits via the Service or over the Internet, including
any data or information transmitted via any server designated
as "secure."
MODIFICATIONS: We reserve the right to modify
these Policies from time-to-time in our sole discretion. We
will notify you, our Customer, of any such modifications either
via e-mail or by posting a revised copy of the Policies on
our Web site.
MISCELLANEOUS: This agreement and the resolution
of any dispute related to this Agreement or the web site shall
be governed by and construed in accordance with the laws of
Florida, without giving effect to any principles of conflicts
of law. GCDSL's failure to insist upon strict enforcement
of any provision of this agreement shall not be construed
as a waiver of any provision or right. Any legal action or
proceeding between GCDSL and you related to this agreement
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Palm Beach County, Broward County, Miami-Dade County, Florida
and/or the Middle District of Florida, Tampa Division. Official
correspondence must be sent via postal mail to:
Legal Department
5151 W. Rio Vista Ave.
Tampa, Florida 33634
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