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This Acceptable Use Policy ("AUP") sets forth provisions of acceptable
use of MARTIN TELECOM, L.L.C. networks and services. All users of MARTIN
TELECOM, L.L.C. networks and services are required to comply with this
policy and all applicable laws and regulations in full, in addition to
all terms and conditions of applicable agreements, and any additional
policies that may be applicable to a specific service offered by MARTIN
TELECOM, L.L.C.. MARTIN TELECOM, L.L.C. strives to provide its customers
with the highest quality Internet service available, while at the same
time respecting the standards that have been created both within the Internet
community, and by legislation. To that end, inappropriate or abusive activities
and conduct will not be tolerated on MARTIN TELECOM, L.L.C. networks.
MARTIN TELECOM, L.L.C. reserves the right to modify this AUP from time
to time, without notice. Users of MARTIN TELECOM, L.L.C. networks are
encouraged to review this AUP often for changes or new information. Please
send questions, comments, or complaints regarding this AUP to aup@martintel.com.
COMPLIANCE
Duties
Each user is responsible for complying with this AUP, and for providing
assistance to MARTIN TELECOM, L.L.C. in investigating and resolving any
issue, as MARTIN TELECOM, L.L.C. may request from time to time. Additionally,
MARTIN TELECOM, L.L.C. customers and users are required to determine the
conditions of, and comply with, the acceptable use policies or equivalent
documents of all network(s) which their data transits.
Users will be held responsible for the actions of any third party agent
that acts on behalf of, or for the benefit of, any end user, and such
end users shall be held directly accountable for any violations of this
AUP by third party agents.
MARTIN TELECOM, L.L.C. does not control the content of data traversing
MARTIN TELECOM, L.L.C. networks; accordingly, MARTIN TELECOM, L.L.C. assumes
no responsibility for the content of any data or communication that may
be transmitted over MARTIN TELECOM, L.L.C. networks.
Configuration
- All systems which are connected to MARTIN TELECOM, L.L.C. networks
shall be configured in accordance with industry standards, applicable
laws and regulations, specifically to conform with approved "Request
For Comments" standards documents which are published from time to
time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).
- Systems connected to MARTIN TELECOM, L.L.C. networks shall not be
configured in any way which obscures system-identity information.
- Proxy servers of any kind shall be configured so as to prevent unauthenticated
use from the public Internet.
Reporting Obligations
Customers of MARTIN TELECOM, L.L.C. are responsible for immediately reporting
to MARTIN TELECOM, L.L.C. any issue which could compromise the stability,
service or security of any user or system connected to MARTIN TELECOM,
L.L.C. networks.
Resellers and Downstream Service Providers
Resellers of MARTIN TELECOM, L.L.C. services are responsible for informing
their customers of this AUP and for enforcing its restrictions with regard
to their customers' actions. Breach or non-compliance of this AUP by a
customer or end-user of a reseller shall be considered a violation of
this AUP.
PROHIBITED USES
These lists are not meant to be exhaustive, but merely illustrative of
examples of inappropriate and improper conduct, which are prohibited on
MARTIN TELECOM, L.L.C. networks.
Illegal Use
MARTIN TELECOM, L.L.C.' Networks may only be used for lawful purposes.
The transmission, distribution, or storage of any data or material in
violation of any applicable law or regulation is prohibited. This includes,
but is not limited to material or data which:
- Infringes any copyright, trademark, trade secret, or other intellectual
property right.
- Violates export control laws or regulations.
- Violates any party's confidentiality rights.
- Constitutes use or dissemination of child pornography.
- Is illegal or unlawful.
Abuse
The following general actions are considered "abuse" and are strictly
prohibited:
- Any conduct which is inconsistent with generally accepted norms
and expectations of the Internet community (whether or not detailed
in this AUP). MARTIN TELECOM, L.L.C. reserves the right, in its sole
discretion, to make a determination whether any particular conduct
violates such norms and expectations.
- Using MARTIN TELECOM, L.L.C. networks to transmit material that
MARTIN TELECOM, L.L.C. believes to be illegal, obscene, or inappropriate.
- Forging of message headers or identity information, or taking any
action with the intent of bypassing restrictions or limits on access
to a specific service or site. This prohibition does not restrict
the legitimate non-commercial use of pseudonymous or anonymous services.
- Falsifying identity or contact information (whether given to MARTIN
TELECOM, L.L.C., to the InterNIC, or other parties).
Security
Users of MARTIN TELECOM, L.L.C. networks must configure their systems
in a secure manner. Should a user's system be exploited by unauthorized
persons, the user is responsible for both reporting the violation (where
applicable), and then fixing the exploited system. For instance, should
the security of a mail server be compromised to distribute unsolicited
emails, the user is responsible for immediately re-configuring the system
to prevent further unauthorized use.
Users are prohibited from interfering or attempting to interfere with
services ("Denial of Service Attacks"), whether intentionally or through
neglect, of any other user, host, or network. The prevention of "unintentional
attacks", such as infection and subsequent propagation of computer viruses,
are the responsibility of every user: anti-virus software should be installed
on every system which connects to MARTIN TELECOM, L.L.C. networks.
Users are prohibited from injecting, intentionally or negligently, false
or unauthorized network control data into MARTIN TELECOM, L.L.C. networks,
for instance in the form of incorrect routing or DNS information.
E-Mail
Users are prohibited from engaging in improper use or distribution of
electronic mail ("e-mail"). Users are strictly prohibited from engaging
in any of the following activities:
- Sending unsolicited mass or commercial e-mail ("spamming") for any
purpose whatsoever.
- Having third parties send out commercial emails on any user's behalf.
Using MARTIN TELECOM, L.L.C. facilities to receive replies from unsolicited
emails (commonly referred to as "drop-box" accounts).
- Configuring any email server in such a way that it will accept third
party emails for forwarding (commonly known as an "open mail relay").
If a site has roaming users who wish to use a common mail server,
the mail server must be configured to require some form of user identification
and authorization.
Mass or commercial email may be sent only to recipients who have expressly
requested receipt of such e-mails, by the sending of an email request
to the person performing the mass or commercial mailings. This exchanging
of requests, acknowledgements, and final confirmations (commonly referred
to as a "double opt-in" process) must be adhered to in their entirety
for any mass or commercial email to be considered "solicited" by MARTIN
TELECOM, L.L.C..
Users that send mass or commercial e-mail are required to maintain complete
and accurate records of all e-mail subscription requests, specifically
including the email and associated headers sent by every subscriber, and
to immediately provide MARTIN TELECOM, L.L.C. with such records upon request
of MARTIN TELECOM, L.L.C.. Subscriptions that do not have a specific recipient
generated email request associated with them are invalid, and are strictly
prohibited.
In the absence of positive, verifiable proof to the contrary, MARTIN TELECOM,
L.L.C. considers complaints by recipients of e-mails to be de-facto proof
that the recipient did not subscribe or otherwise request the e-mail(s)
about which a complaint was generated.
Usenet (also known as Netnews or Newsgroups)
MARTIN TELECOM, L.L.C. recommends that users not post to any newsgroup
until they have familiarized themselves with the subjects, established
guidelines, and restrictions of such newsgroups. All Usenet guidelines
and restrictions are incorporated herein by reference, and users of MARTIN
TELECOM, L.L.C. networks agree to adhere to such guidelines unconditionally.
Without limitation of the foregoing, it is strictly prohibited to engage
in any of the following activities:
- Making any posting for commercial purposes (including without limitation
the pointing to specific URLs for commercial purposes), except where
such postings are expressly permitted under the charter and/or Frequently
Asked Questions (FAQ) of an applicable newsgroup.
- Posting binary files to newsgroups whose charter or name does not
include allowances for such files.
- Canceling newsgroup postings other than your own, or using auto-responders
or cancel-bots (except in cases of official newsgroup moderators performing
their duties).
- "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting" (EMP),
or "Usenet spam": MARTIN TELECOM, L.L.C. retains the exclusive right
to define these and other terms, however, we generally defer to the
definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html
- Disrupting newsgroups with materials, postings, or activities that
are (as determined by MARTIN TELECOM, L.L.C. in its sole discretion),
excessive, or repetitious, unless such materials or activities are
expressly allowed or encouraged under the newsgroup's name, FAQ, or
charter.
- Performing any unauthorized creation, cancellation, or removal of
newsgroups.
The legitimacy of a given post or cancellation is generally determined
by the official newsgroup or mailing-list moderator, therefore, MARTIN
TELECOM, L.L.C. usually defers to their judgment on these issues, however,
MARTIN TELECOM, L.L.C. retains the exclusive right to make these determinations.
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