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| Legal Stuff: Acceptable Use Policy |
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1. INTRODUCTION.
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Cledo's Acceptable Use Policy ("AUP") is
intended to help enhance the use of the Internet by preventing
unacceptable use. All users of Cledo's Internet
services (the "Services"), those who access some of our
Services but do not have accounts ("Visitors"), as well as
those who pay a monthly service fee to subscribe to the Services
("Subscribers") must comply with this AUP. We support the
free flow of information and ideas over the Internet and do not
actively monitor use of the Services under normal circumstances.
Similarly, we do not exercise editorial control over the content of
any Web site, electronic mail transmission, news group, or other
material created or accessible over or through the Services, except
for certain proprietary Web sites. However, in accordance with our
Internet Service Agreement, we may remove any materials that, in our
sole discretion, may be illegal, may subject us to liability, or
which may violate this AUP. Cledo
may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong. Your
violation of this AUP may result in the suspension or termination of
either your access to the Services and/or your Cledo
account or other actions as detailed in Section 3. This AUP should
be read in conjunction with our Internet Service Agreement and other
policies.
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2. VIOLATIONS OF CLEDO'S
ACCEPTABLE USE POLICY
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The following constitute violations of this AUP:
- Illegal use: Using the Services to transmit any
material (by email, uploading, posting, or otherwise) that,
intentionally or unintentionally, violates any applicable local,
state, national or international law, or any rules or
regulations promulgated thereunder.
- Harm to minors: Using the Services to harm, or attempt
to harm, minors in any way.
- Threats: Using the Services to transmit any material
(by email, uploading, posting, or otherwise) that threatens or
encourages bodily harm or destruction of property.
- Harassment: Using the Services to transmit any material
(by email, uploading, posting, or otherwise) that harasses
another.
- Fraudulent activity: Using the Services to make
fraudulent offers to sell or buy products, items, or services or
to advance any type of financial scam such as "pyramid
schemes," "Ponzi schemes," and "chain
letters."
- Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive
or mislead is prohibited. Attempting to impersonate any person
by using forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation. Using deliberately misleading headers
("munging" headers) in news postings in order to avoid
spam email address collectors is allowed.
- Unsolicited commercial email/Unsolicited bulk email:
Using the Services to transmit any unsolicited commercial email
or unsolicited bulk email. Activities that have the effect of
facilitating unsolicited commercial email or unsolicited bulk
email whether or not that email is commercial in nature, are
prohibited.
- Unauthorized access: Using the Services to access, or
to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Cledo's
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or
not the intrusion results in the corruption or loss of data.
- Copyright or trademark infringement: Using the Services
to transmit any material (by email, uploading, posting, or
otherwise) that infringes any copyright, trademark, patent,
trade secret, or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of
photographs from magazines, books, or other copyrighted sources,
and the unauthorized transmittal of copyrighted software. Cledo
is registered under the Digital Millennium Copyright Act of
1998.
- Collection of personal data: Using the Services to
collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
- Reselling the services: Reselling the Services without Cledo's
authorization.
- Network disruptions and unfriendly activity: Using the
Services for any activity which adversely affects the ability of
other people or systems to use Cledo
Services or the Internet. This includes "denial of
service" (DoS) attacks against another network host or
individual user. Interference with or disruption of other
network users, network services or network equipment is
prohibited. It is the Subscriber's responsibility to ensure that
their network is configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber may
not permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability
to use their network in an illegal or inappropriate manner.
- News: Cledo Subscribers should
use their best judgment when posting to any newsgroup. Many
groups have charters, published guidelines, FAQs, or
"community standards" describing what is and is not
considered appropriate. Usenet can be a valuable resource if
used properly. The continued posting of off-topic articles is
prohibited. Commercial advertisements are off-topic in most
newsgroups, especially regional groups not specifically named
for such. The presence of such articles in a group is not
indicative of the group's "intended" use. Please
familiarize yourself with basic Usenet netiquette before posting
to a newsgroup.
Cledo Subscribers may not cancel
messages other than their own messages. A Subscriber may cancel
posts forged in that Subscriber's name. We may cancel any
postings which violate this AUP.
- Long Connections and Multiple Logins: Using a personal
account for high volume or commercial use is prohibited. The
Services are intended for periodic, active use of email,
newsgroups, file transfers, Internet chat, games, and browsing
the World Wide Web. Subscribers may stay connected so long as
they are actively using that connection for the above purposes.
Subscribers may not use the Services on a standby or inactive
basis in order to maintain a connection. Accordingly, Cledo maintains
the right to terminate any Subscriber's connection following any
extended period of inactivity as determined by Cledo.
- Exceeding Web Site Size and Traffic Limitations: All Cledo
Residential Subscribers receive free webspace for use with their
Internet access account. Each Subscriber's free webspace is
allocated a certain amount of traffic per month (traffic is
calculated on a formula multiplying the number of hits that your
site receives by the size of your files). If a site exceeds its
maximum monthly allotment of traffic, the site will become
unavailable until the beginning of the next calendar month. A
site that exceeds the Cledo
Subscriber's maximum allotment in size will also become
unavailable. Unavailability includes but may not be limited to
the inability to access the site publicly or to publish to or
modify the site's contents via certain Web creation tools.
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3. REPORTING VIOLATIONS OF CLEDO'S
AUP
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| Cledo requests that anyone who believes that there
is a violation of this AUP direct the information to our Abuse
Department, at: abuse@cledo.net.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time
zone or offset from GMT
- Evidence of the alleged violation
Email with full header information provides all of the above, as
do syslog files. Other situations will require different methods of
providing the above information.
Cledo may take any one or more of the
following actions in response to complaints:
- issue warnings: written or verbal
- suspend the Subscriber's newsgroup posting privileges
- suspend the Subscriber's account
- terminate the Subscriber's account
- bill the Subscriber for administrative costs and/or
reactivation charges
- bring legal action to enjoin violations and/or to collect
damages, if any, caused by violations.
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4. REINSTATEMENT
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If an Account or Service has been suspended or terminated, it can
only be reinstated when a notarized, signed letter or fax has been
received by the Subscriber. Such letter or fax must be sent to:
Cledo Online
2201 Commerce Dr.
Fremont, Ohio 43420
FAX: (309) 403-5117
The letter must, in the infringer's own words, explain:
- Why the incident or other Abuse incident occurred;
- If applicable, display understanding of why incident is
forbidden;
- Commit to incident not occurring again.
- Pay reinstatement/abuse fee.
The same party that deals with incoming SPAM or Internet Abuse
complaints will be the first arbiter in making a decision as to
whether or not the account should be reinstated.
In making a decision the arbiter shall take into consideration:
- The authenticity of the letter or fax (is it really from the
Subscriber from which it purports to be);
- The nature of the response and the understanding and
commitment exhibited therein;
- The history of Abuse on that Subscriber;
- To the extent known, the history of Abuse by that Subscriber
across different domains.
Communication of the decision should be sent to the address from
which the infringer's explanation letter was sent and a copy will be
kept on file.
If the infringer disputes the decision or if the first arbiter is
uncertain which action to take, appeal can be made to an officer of
the Company for a final reinstatement decision.
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5. REVISIONS TO THIS ACCEPTABLE USE POLICY
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| Cledo reserves the right to revise, amend, or
modify this AUP, our Internet Service Agreement and our other
policies and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted on Cledo's
Web site and/or by email and/or in our various publications and
mailings to Subscribers.
Effective 5/1/2003 |
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| Contact Information |
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| E-mail: |
Support |
| Office Address: |
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Cledo Online
2201 Commerce Dr.
Fremont, Ohio 43420
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| Postal Mail: |
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Cledo Online
P.O. Box 453
Bellevue, Ohio 44811
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| E-mail: |
Billing |
| Toll Free: |
(866) 672-5168 |
| Office: |
(419) 217-1090 |
| Fax: |
(309) 403-5117 |
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