Please read carefully before accessing and/or using the Agilis Networks Web site and/or before opening an account with Agilis Networks. By accessing, using this Web site or opening an account for Agilis Networks services, you (users accessing this Web site and/or account holders) acknowledge that you have read, understand and agree to be bound by this agreement (including modifications), and will comply with all applicable laws. You also represent and warrant that you have full power and authority to execute this agreement and to perform the obligations herein.
(For purposes of this Agreement, “You”, ” users”, and “account holders” are used interchangeably, and where applicable).
1. Investigations and Responsive Actions
- You acknowledge that Agilis Networks reserves the right to investigate suspected violations of this Policy. When Agilis Networks becomes aware of possible violations, Agilis Networks may initiate an investigation which may include gathering information from the account holder(s) involved and the complaining party, if any, and examination of any and all material on Agilis Networks’ Servers.
- During an investigation, Agilis Networks may suspend the account(s) involved and/or remove the material involved from its servers.
- If Agilis Networks believes, in its sole discretion, that a violation of this Policy has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent removal of material from Agilis Networks’ servers, warnings to the account holder(s) responsible, and the suspension or termination of the account or accounts responsible.
- Agilis Networks, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Policy may also subject the account holder(s) to criminal or civil liability.
2. You are responsible for Your account
- You agree that You are responsible for use of Your account, with or without Your consent of use.
3. Storage, Distribution and Transmission of Illegal and Prohibited Material
- While using Agilis Networks Services, You are prohibited from and agree not to store, distribute or transmit any text, images, data, programs etc. (“Material”) that are illegal. Examples of illegal Material include, but are not limited to, Material that is threatening coercive and/or harassing in nature, Material containing child pornography, and copyrighted, trademarked or other proprietary Material used without proper authorization. The account holder may not post, upload or otherwise distribute copyrighted, trademarked and or patented Material (Intellectual Property) on Agilis Networks’ servers without the consent of the owner of the Intellectual Property.
- The storage, distribution, or transmission of illegal Material may subject the account holder(s) to criminal as well as civil liability, in addition to the actions outlined in this Policy.
- You are strictly prohibited and agree not store or distribute certain other types of Material on Agilis Networks’ servers. Examples of prohibited Material include, but are not limited to, programs containing viruses or Trojans and tools to compromise the security of other sites.
4. System and Network Security
- You agree not to attempt to circumvent user authentication or security, of any host, network, or account on the Agilis Networks network or the Internet itself. Example of these tools include but are not limited to cracking utilities, port scanning utilities, D.O.S attack programs, or password guessing programs.
- You agree not to attempt to seek information on, obtain copies of or modify files of other data or passwords belonging to other users without permission.
- If the account violates this Policy, Agilis Networks may publish an account holder’s account information, to the maximum extent allowed by law, to a publicly accessible list/location, which will allow other Internet Service Providers to identify account holder(s) that abuse Internet privileges.
5. System Resource and Utilization
- Agilis Networks will use all commercially reasonable efforts to allocate system resources. As part of resource allocation, Agilis Networks may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.
- Agilis Networks reserves the right to institute services and fees for account holders who are interested in accessing system resources above and beyond acceptable usage.
6. System Abuse
- System abuse is defined as any use of Agilis Networks resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of Agilis Networks servers.
- Agilis Networks will log instances of abuse or unusual use of system resources, including but not limited to those stated herein, and take action as outlined in this Policy.
- You agree to assume all risks and liability for sharing Your account password with others or allowing use of Your account by others.
8. Email Use
- Agilis Networks will investigate complaints regarding e-mail and may take action as set out in the Policy, if, in its sole discretion, an e-mail message is found to be in violation of this Policy or applicable laws
- You acknowledge and agree that in an effort to protect customers against spam e-mail, Agilis Networks limits email sent in a single email to a maximum of 100 recipients.
- You agree not to send e-mail to any user who does not wish to receive it, either to an account holder in Agilis Networks’ Network or otherwise. You agree to refrain from sending further e-mail to a user after receiving a request to stop.
- You agree to send advertising Material only to addresses that have specifically requested such Material. You are prohibited from sending unsolicited advertising mailings, whether commercial or informational in nature. Agilis Networks will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.
- You agree not to send chain letters. Chain letters are unsolicited by definition and may not be propagated by using Agilis Networks Services.
- You agree to not send, propagate, or reply to mail bombs. Mail bombing is defined as either emailing copies of a single message to many account holders, or sending large or multiple files or messages to a single user with malicious intent.
- You agree not to alter the headers of email messages to conceal their email address or to prevent account holders or other email users from responding to messages.
- Violations of any of the Agilis Networks policies outlined in this document may result in massive numbers of e-mail responses. If an Agilis Networks account holder receives a large volume of email which results in affecting Agilis Networks’ resources , Agilis Networks staff may shut down the account holder’s mailbox.
- You agree to pay a $1.00 clean-up fee for each and every individual bulk unsolicited commercial email sent via account holder’s account. This clean-up fee also includes any and all pornographic and adult related mass emailing. If this charge goes unpaid, it will be put into collections within 30 days. Agilis Networks reserves the right to take legal action at any time in order to claim the payment from the account holder.
- Agilis Networks reserves the right to publish an account holder’s account information to the maximum extent allowed by law, to a publicly accessible list/location if the account violates this Policy, which will allow other Internet Service Providers to identify all account holders that abuse Internet privileges.
- In an effort to protect customers against spam e-mail, Agilis Networks may use computerized filters and may flag and or delete some messages identified as spam prior to the message reaching Your Inbox. You also acknowledge and agree that any messages deleted this way cannot be retrieved.
- In an effort to protect customers against email-borne viruses, Agilis Networks may use computerized filters and will automatically and without warning delete any message which contains a virus. You also acknowledge and agree that any messages deleted in this way cannot be retrieved.
- You understand that we may disclose the contents of spam email messages to third parties for use in identifying, blocking and filtering further unsolicited email.
- Despite our efforts to protect customers against spam e-mail and e-mail borne viruses, Agilis Networks does not guarantee the effectiveness of any filters to protect you from all spam and does not guarantee the effectiveness of any filters to protect customers from viruses.
- You agree to waive any claims against Agilis Networks in connection with the anti-spam and anti-virus service. Without limiting the generality of the foregoing, claims include any claims based upon the deletion, misdirection or delay of your email and loss of, damage to, your records or data.
9. Policy Violations and Enforcement
- If an account holder is found to be in violation of this Policy the account holder will be issued a warning (via email, or phone). After a second violation, the user’s account will be locked and/or terminated permanently.
- Agilis Networks reserves the right to terminate any account that is found to be in violation of this Agreement. These violations include but are not limited to bulk email, UCE, spamming, or bulk Usenet postings.