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ACCEPTABLE USE POLICY
1.INTRODUCTION
FastNet Hawaii's Acceptable Use Policy ("AUP") is intended to help
enhance the use of the Internet by preventing unacceptable use. All users and
customers of FastNet Hawaii's Internet Service (the "Services)-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. 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. FastNet Hawaii 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 FastNet Hawaii 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 FASTNET HAWAII 'S
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
a.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.
b.Harm to minors. Using the Services to harm, or attempt to harm, minors in any
way.
c.Threats. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that threatens or encourages bodily harm or destruction
of property.
d.Harassment. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that harasses another.
e.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", etc.
f.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.
g.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.
h.Unauthorized access. Using the Services to access, or to attempt to access,
the accounts
i.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.
j.Collection of personal data. Using the Services to collect, or attempt to
collect, personal information about third parties without their knowledge or
consent.
k.Redistributing or Sharing the services. Redistributing or sharing the Services
without FastNet Hawaii 's authorization. FastNet will prosecute.
It is a felony to steal bandwidth, or to aid in it by gross negligence is
grounds for termination.
l.Network disruptions and unfriendly activity. Using the Services for any
activity which adversely affects the ability of other people or systems to use
FastNet Hawaii 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 Customer's responsibility to ensure that their network is configured in a
secure manner. A Customer may not, through action or inaction, allow others to
use their network for illegal or inappropriate actions. A Customer 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.
m. Using a RESIDENTIAL account for high volume or commercial use is prohibited.
The Services are intended for periodic, active use of email, newsgroups, file
transfers, Internet chat, and browsing the World Wide Web. Customers may stay
connected so long as they are actively using that connection for the above
purposes. Customers may not use the Services on a standby or inactive basis in
order to maintain a connection. Pinging is expressly prohibited. Accordingly,
FastNet Hawaii maintains the right to terminate any customer's connection
following any extended period of inactivity as determined by FastNet Hawaii.
FastNet Hawaii maintains the right to monitor individual traffic usage, and
terminate for use other than stated above, unless stated in writing by FastNet
Hawaii.
n. No servers of any
kind are allowed to operate on the FastNet Hawaii’s service.
o. Exceeding Web Site Size and Traffic Limitations: All FastNet Hawaii Customers
receive free webspace for use with their FastNet Hawaii Internet access account.
Each customer'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 FastNet Hawaii Customer'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.
p. FastNet Hawaii reserves the right to decline to
provide services to any customer, and to terminate services to any customer for
violation to AUP without advance notice, and to
q.
Wireless Routers are not acceptable. FastNet's quality of service is not
based on the use of any wireless router. Customer's use wireless routers
at their own risk. Customers must understand that in order to secure and
protect their computer files and allocated bandwidth, they must take the
security precautions in the router manual. Any open transmission, by a
customers wireless router, may be picked up by others, and FastNet will take any
appropriate
measures to secure the network.
r.
Voice over the Internet Protocol (VoIP) access is prohibited unless written
permission is granted by FastNet.
s.
Customer agrees that FASTNET has the right to disclose to
the appropriate authorities any evidence of illegal activity FASTNET discovers
in the course of any investigation, or requested by an outside legal party, or
discovered in the routine operation of monitoring and maintenance of FASTNET's
Service and network components. Customer further agrees that FASTNET may make
copies of such materials for the use of those authorities in their investigation
if requested for the purpose of preservation of evidence.
Suspension
of Service and/or Termination of Service by FASTNET: pursuant to the provisions
set forth in Service Agreement, will result in charges that include, but
are not limited to, those pursuant under Section B2 and B3.
Customer shall be liable for all applicable early termination fees
through the end of this term of Service Agreement, and liable for the costs of
up to ($600) Six Hundred Dollars for any FASTNET owned equipment until its
retrieval by FASTNET in good working order.
REPORTING VIOLATIONS OF FASTNET HAWAII 'S
AUP
FastNet Hawaii requests that anyone who believes that there is a violation of
this AUP direct the information to info@fastnethi.com
or dial 808-939-9392 (office).
If available, please provide the following information:
Name
and/ or Address or:
• The IP address used to
commit the alleged violation
• The date and time of the alleged violation, including the time zone
• Evidence of the alleged violation
Email with full header information provides all of the above. Other situations
will require different methods of providing the above information.
FastNet Hawaii may take any one or more of the following actions in response to
complaints:
• issue warnings: written or verbal or electronic mail
• suspend the Customer's account
• terminate the Customer's account
• bill the Customer for administrative costs and/or reactivation charges
• bring legal action to enjoin violations and/or to collect damages, if any,
caused by violations.
4. REVISIONS TO THIS ACCEPTABLE USE POLICY
FastNet Hawaii 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
in accordance with the Internet Service.
Notice: Customer Responsibility- Please report any and all outages or access
trouble to Customer Support at
1-866-594-4183 24 hours a day and available 7 days a week.
Notice: Unlimited Access
does not mean a "Dedicated" connection to the Internet. Constant
transmissions or constant receiving of transmissions, or any usage abuse, will
result in service interruption without notice. Network monitoring is
performed. There is a minimum $100 reconnect fee if in default of AUP.
8/12/04
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