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Legal Stuff: Acceptable Use Policy
1. INTRODUCTION.

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.

2. VIOLATIONS OF CLEDO'S ACCEPTABLE USE POLICY

The following constitute violations of this AUP:
  1. 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.

  2. Harm to minors: Using the Services to harm, or attempt to harm, minors in any way.

  3. Threats: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

  4. Harassment: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

  5. 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."

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

  11. Reselling the services: Reselling the Services without Cledo's authorization.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

3. REPORTING VIOLATIONS OF CLEDO'S AUP

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.
4. REINSTATEMENT

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.

5. REVISIONS TO THIS ACCEPTABLE USE POLICY

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

Contact Information
E-mail:  Support
Office Address:
Cledo Online
2201 Commerce Dr.
Fremont, Ohio 43420
Postal Mail:
Cledo Online
P.O. Box 4543
Newark, Ohio 43058-4543
E-mail:  Billing
Toll Free:  (866) 672-5168
Office:  (419) 217-1090
Fax:  (309) 403-5117
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