Internet Montana Acceptable Use Policy
The main purpose of Internet Montana Internet Service is to facilitate communication with the numerous computer networks that make up what is commonly referred to as "the Internet."
It is Internet Montana's intention to allow Internet Montana users complete access to everything the Internet has to offer with minimal or no interference.
Although the Internet as a whole offers much independence and autonomy for those who use it, many of the individual networks or portions of the Internet have specific guidelines for use.
As the Internet expands, it is increasingly common for an Internet Service Provider, such as Internet Montana, to be blocked from use of another organization's systems due to repeated misuses of that system's resources.
Because Internet Montana runs multi-user systems, actions of one Internet Montana customer may have a severe impact on other customers' ability to use the system(s).
This is unfair to all Internet Montana users.
To this end, Internet Montana has developed these Acceptable Use Policies.
They are intended to provide a guide to Internet Montana's views on what constitutes inappropriate use of Internet Montana's access to the Internet and to inform Internet Montana's Customers of what actions Internet Montana may take, with or without notice, in the event that Internet Montana becomes aware of inappropriate use of Internet Montana's service.
They will be used to help Internet Montana system administrators deal with complaints from users of Internet Montana or other Internet-connected systems, and to determine when action must be taken.
It is expected that all Internet Montana Customers will follow the policies set forth herein.
Protection of Internet Montana's technical resources and Internet Montana's ability to continue to provide high quality service to its customers, compliance with existing laws and regulations, and the protection of Internet Montana's reputation as a service provider are all contributing factors to the policies outlined below.
ACCESS TO Internet Montana'S INTERNET SERVICE IS PROVIDED SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
Internet Montana Internet service is provided on an "as is, as available" basis.
No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Internet Montana or any information or software therein.
You release Internet Montana from and Internet Montana shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Internet Montana services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Internet Montana's own negligence.
Without limiting the generality of the foregoing, Internet Montana disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Internet Montana services.
In no event shall Internet Montana's aggregate liability exceed the amount paid by you to Internet Montana for the Internet Montana services.
Use of any information obtained via Internet Montana's Internet service is at the user's own risk.
Internet Montana specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
The Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly.
Internet Montana will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised.
Internet Montana is not liable for any usage and or charges prior to Internet Montana making the necessary account alteration.
Electronic mail on this system is as private as we can make it.
Internet Montana's Customers are reminded that no computer system can be considered as safe from intrusion.
Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.
- Personal Files:
Internet Montana is not responsible for Customer's personal files residing on Internet Montana.
Customer is responsible for independent backup of Customer's data that is stored on Internet Montana.
Internet Montana reserves the right to delete Customer 's personal files after one or both parties terminates the service agreement between Internet Montana and Customer.
- Non-Transferability of Account:
The right to use Internet Montana's Internet service is not transferable.
Use of Internet Montana accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
A Customer may use no more than one log-in session per account at any time.
If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
Accounts with multiple logins may be subject to suspension for repeated violations.
Internet Montana reserves the right to charge usage fees or penalties for multiple logins.
Internet Montana does not permit the resale of its service in any form, including, but not limited to: web hosting, resale of web page space, bandwidth, email addresses, or dial-up or permanent account (i.e. frame relay) access.
- Network Address Ownership:
Any network address assignments issued by Internet Montana (i.e., Class C address space) are the property of Internet Montana and are considered to be loaned to its customers.
In the event service with Internet Montana is discontinued for any reason, such addresses will revert to Internet Montana.
- Compliance with all Laws:
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations.
Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited.
Customer agrees that any material to be reproduced or transmitted on Internet Montana's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or conta in anything obscene, libelous or threatening.
Software intended to facilitate any such violations or infringements may not be stored on Internet Montana.
Customer shall defend, indemnify and hold harmless Internet Montana from and against
any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the Internet Montana service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with Internet Montana or Internet Montana's Acceptable Use Policies.
At Internet Montana's discretion, Internet Montana may revoke Customer's access to Internet Montana services or accounts for inappropriate usage.
- Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service pending investigation by Internet Montana and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
In addition, Internet Montana reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Internet Montana Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 10) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailings (i.e., to more than 10 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Internet Montana and using an account on Internet Montana as a mail drop for responses, or to draw attention to a web site housed within Internet Montana's networks.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Internet Montana.
(e) Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on Internet Montana, whether on IRC servers controlled by Internet Montana or by other parties.
An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of Internet Montana's systems or network connections or which adversely affect the ability of other people or systems to use Internet Montana services or the Internet, including, but not limited to:
- any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Internet Montana system;
- any use of this or any other Internet Montana system as a staging ground to disable other systems.
(j) Other Inappropriate Behavior:
- Rude, foul, or otherwise abusive language directed at support staff will result in the closure of the offending customer's account.
- Threats of physical violence against staff or damage to Internet Montana property will result in account closure and a complaint against the customer will be filed with the appropriate legal authorities.
- Activities that interfere with our ability to do business or that damage our good business name may be pursued to the extent allowed by law.
- Right to Disconnect Non-Dedicated Accounts:
Internet Montana interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 30 minutes of inactivity.
Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection.
Internet Montana reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.
- Excess Utilization of System or Network Resources:
Internet Montana account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer.
In the event Internet Montana determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by email.
If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use.
If excessive bandwidth, CPU or disk space utilization is determined by Internet Montana to adversely affect Internet Montana's ability to provide service for all customers, immediate action may be taken to alleviate the problem.
In such event, the Customer will be notified by email as soon as practical.
- Compliance with Rules of Other Networks:
Any access to other networks connected to Internet Montana's Internet service must comply with the rules for that other network as well as with Internet Montana's rules.
Internet Montana reserves the right to monitor any and all communications through or with Internet Montana facilities.
Customer agrees that Internet Montana is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded.
It may become necessary for Internet Montana employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
Internet Montana also reserves the right to access a Customer's mailbox or other files stored on Internet Montana systems to resolve system problems or mail system errors.
- Cooperation with Authorities:
Internet Montana reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material postings or e-mail containing threats of violence or other illegal activity.
- Confidentiality of Personal Subscriber Information:
Internet Montana will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction.
Customer agrees that Internet Montana's judgment as to the validity of any court order of subpoena shall be considered proper and final.
- Internet Montana's Right to Suspend or Cancel Account:
Internet Montana reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Internet Montana that the Customer may be performing activities harmful to Internet Montana or its Customers, employees, vendors, business relationships or any other users of the Internet.
- Right to Damages:
Internet Montana reserves the right to collect damages (software, hardware and man hours) if any harm is done to Internet Montana which requires repair or reconfiguration of any kind.
- Other Remedies/Non-Waiver:
Nothing contained in these policies shall be construed to limit action Internet Montana may take or remedies available to Internet Montana in any way with respect to any of the described conduct.
Internet Montana reserves the right to take any additional actions Internet Montana may consider
appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Internet Montana service, and levying cancellation charges to cover Internet Montana's costs in the event of disconnection of dedicated access for the causes outlined above.
In addition, Internet Montana reserves at all times all rights and remedies available to Internet Montana with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Internet Montana reserves the right to enforce such policy or rule at its sole discretion.
- Internet Montana's Right to Change Service:
Internet Montana reserves to right to change without notice the Internet Montana service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, rates, and services offered.
However, we will make notification of changes to our service whenever possible and appropriate.
- Internet Montana's Right to Modify its Acceptable Use Policies:
Internet Montana may modify its Acceptable Use Policies upon notice published online via Internet Montana.
Customer's use of Internet Montana services after such notice shall constitute Customer's acceptance of the modifications to these policies.
Questions should be directed to firstname.lastname@example.org
Last Updated 06/26/97