K
kevpan815@comcast.net
AT&T Legal Policy
Acceptable Use Policy
By using Service(s) provided by AT&T Internet Services, its affiliates or
subsidiaries, you ("Customer") agree to comply with this Acceptable Use
Policy (AUP). This AUP may be revised from time to time and your use of
AT&T's Service(s) after changes are posted on AT&T's web site at
www.att.net/legal/aup shall constitute your acceptance of any changed or
additional terms.
Introduction
The AT&T Acceptable Use Policy is designed to help protect AT&T's assets,
the assets of its Customers, and the Internet community, from irresponsible
or illegal activities of AT&T Customers and its Users. These activities may
disrupt or degrade AT&T IP Services, pose a threat to AT&T's assets, expose
AT&T (or other providers of IP Services) to claims of civil or criminal
liability or other legal sanctions. Moreover, because of various conventions
used in the industry (including blocking, filtering and blacklisting) these
activities may impair AT&T's ability to interconnect with other providers of
IP Service. These activities may relate to the content stored or transmitted
by Customers or its Users or to the nature of the transmissions themselves
such as sending large numbers of unsolicited messages (Spam).
Customers are responsible for avoiding the prohibited activities and
strictly following the AUP terms set forth herein.
AUP Coverage
The AT&T Acceptable Use Policy ("AUP") applies to the services that provide
(or include) access to the Internet, services provided over the Internet,
and Hosting services (collectively "IP Services"). Customer is responsible
for the actions of others who may be using the IP Service(s) under
Customer's account. It is Customer's obligation to take whatever measures
are necessary to protect access to Customer's account (e.g., to keep the
access password secure). If a Customer or its User(s) violate the AUP, AT&T
may, depending on the nature and severity of the violation, suspend or
terminate service, as specified below.
Customer may have access through the AT&T network(s) and Service(s) to
search engines, subscription web services, chat areas, bulletin boards, web
pages, USENET, or other services that promulgate rules, guidelines or
agreements to govern their use. Failure to adhere to any such rules,
guidelines, or agreements shall be a violation of this AUP.
AT&T is aware that some of its Customers are, themselves, providers of
Internet based services, and that information reaching AT&T network(s) or
facilities from those Customers may have originated from the AT&T Customer
or from another third-party. AT&T reserves the right to take action against
AT&T Customer and directly against such Customers' subscribers, even though
the AT&T's corrective action may affect other non-offending subscribers of
the AT&T Customer.
AUP Enforcement and Notice
Customer's failure to observe the guidelines set forth in this AUP may
result in AT&T taking actions anywhere from a warning to a suspension of
privileges or termination of your Service(s). AT&T reserves the right, but
does not assume the obligation, to strictly enforce the AUP. When feasible,
AT&T may provide Customer with notice of an AUP violation via e-mail or
otherwise and demand that such violation is immediately corrected.
However, AT&T reserves the right to act immediately and without notice to
suspend or terminate IP Service(s) in response to a court order or other
legal requirement that certain conduct should be stopped or when AT&T
determines, in its sole discretion, that the conduct may: (1) expose AT&T to
sanctions, prosecution, civil action or any other liability, (2) cause harm
to or interfere with the integrity or normal operations of AT&T's network(s)
or facilities, (3) interfere with another person's use of AT&T's IP
Service(s) or the Internet, or (4) otherwise present a risk of harm to AT&T
or AT&T Customers or other parties AT&T interconnects with.
AT&T's decisions with respect to interpretation of the AUP and appropriate
remedial actions are final and determined by AT&T in its sole discretion.
AT&T may refer potential violations of law(s) to the proper authorities, may
cooperate in the investigation of any suspected criminal or civil
wrongdoing, and will cooperate with authorities when required to do so by
law, subpoena, or when the public safety is at stake. AT&T assumes no
obligation to inform you that your information has been disclosed, and, in
some cases, may be prohibited by law from providing such notice.
AT&T does not, as an ordinary practice, proactively monitor the activities
of those who use its IP Service(s) or exercise any editorial control over
any material transmitted, hosted or posted using IP Services to ensure that
its Customers comply with the AUP and/or the law, although it reserves the
right to do so. If AT&T is alerted to violations or potential violations of
this AUP, AT&T will take whatever measures it deems necessary and
appropriate to stop or prevent such violations including the actions
described in this AUP. For example, AT&T may in its sole discretion refuse
to transmit, screen, or editing content prior to delivery of the IP
Service(s), block access to certain categories of numbers or certain sites
as AT&T determines needed to enforce these policies.
If your Service is suspended or terminated for any AUP violation, you must
get written approval from the AT&T Abuse Team (outside of the normal
ordering process) prior to reactivating or ordering new service. In any
case, AT&T may, in its discretion, decline to reinstate your Service. If
AT&T approves you for reinstatement or new service, set-up fees,
reactivation fees or deposits may apply. If AT&T discovers that you have
renewed Service, or ordered new Service, following termination for an AUP
violation without the prior written consent of the AT&T abuse team, it may
terminate your Service without further notice. In such case, you are
responsible for any applicable early termination charges.
AT&T will not issue any refunds, credits or other forms of compensation for
the period when IP Service(s) have been suspended as a result of
violation(s) or alleged violation(s) of this AUP.
AT&T shall not be liable for any damages of any nature suffered by any
Customer, User, or third party resulting in whole or in part from AT&T's
exercise of its rights under this AUP.
Prohibited Actions
AT&T respects freedom of expression and believes it is a foundation of our
free society to express differing points of view. AT&T will not terminate,
disconnect or suspend service because of the views you or we express on
public policy matters, political issues or political campaigns. AT&T is
committed at all times, however, to complying with the laws and regulations
governing use of the Internet and e-mail transmissions and to preserving for
all of its Customers the ability to use AT&T's network and the Internet
without interference or harassment from other users. AT&T prohibits use of
its IP Services in any way that is unlawful, interferes with use of AT&T's
network or the Internet, interferes in any way with the usage or enjoyment
of services received by others, infringes intellectual property rights,
results in the publication of threatening or offensive material, constitutes
Spam/E-mail/Usenet abuse, or presents security or privacy risks. Customer
will not resell or provide Service(s) to unauthorized third parties, whether
as part of a commercial enterprise or otherwise.
Customer is prohibited from engaging in any other activity, whether legal or
not, that AT&T determines in its sole discretion, to be harmful to its
subscribers, operations, network(s).
Unlawful Activities
AT&T IP Services shall not be used in connection with any criminal, civil or
administrative violation of any applicable local, state, and provincial,
federal, national or international law, treaty, court order, ordinance,
regulation or administrative rule.
By using the IP Service(s), Customer represents and warrants to AT&T that
Customer (and its Users) are not resident(s) of any country or affiliated
with any of organization prohibited to do business within the United States
as defined and set forth at: http://www.treas.gov/ofac and
http://www.bxa.doc.gov/dpl/thedeniallist.asp. Accounts registered using
false or misleading information may be terminated immediately and without
notice.
Intellectual Property
You are prohibited from infringing, publishing, submitting, copying,
uploading, downloading, posting, transmitting, reproducing, or distributing
software, video or audio content, or any other material that is protected by
copyright, trademark, patent, trade secret, any other type of intellectual
property rights, trademark laws (by rights of privacy or publicity) or other
proprietary right of any party unless you own or control the rights thereto
or have received all necessary consent to do the same. This prohibition
includes the use of any material or information including images or
photographs that are made available through an AT&T site or Service(s).
For more information about AT&T's copyright protection practices under the
Digital Millennium Copyright Act (DMCA) of 1998:, and for information on how
to contact AT&T's DMCA agent, please refer to:
http://www.att.net/legal/copyright.
Offensive or Threatening Material or Content
AT&T IP Services shall not be used to host, post, transmit, or re-transmit
any content or material that is threatening, harassing, obscene, indecent,
hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or
publicity rights, abusive, inflammatory, or otherwise harmful or offensive
to third parties, treasonous, excessively violent or promotes the use of
violence, or provides instruction, information or assistance in causing or
carrying out violence against any government, organization, group or
individual, or provides guidance, information or assistance with respect to
causing damage or security breaches to AT&T's network or to the network of
any other IP Service provider. Customer shall not create or attempt to
utilize a domain name that is fraudulent, indecent, offensive, deceptive,
threatening, abusive or harassing.
Interaction with Minors
AT&T has a zero tolerance policy regarding use of its Service to engage in
inappropriate conduct with a minor (anyone under 18 years of age). You shall
not knowingly collect or solicit personal information from a minor without
the express consent of the parent or guardian of the minor, nor shall you
use this Service to harm or intimidate a minor. AT&T complies with all
federal and state laws pertaining to the protection of minors, including the
reporting of all apparent cases of child pornography or exploitation to the
National Center for Missing and Exploited Children. For more information
about online safety, visit www.ncmec.org or www.att.com/safety.
Spam/E-mail/Usenet Abuse
Violation of the CAN-SPAM Act of 2003, or any state or federal law
regulating e-mail services, constitutes an automatic violation of this AUP
and AT&T reserves the right to seek damages and other available relief
against Customer, as applicable.
Spam/E-mail/Usenet Abuse is prohibited on AT&T IP Services. Examples of
Spam/E-mail/Usenet Abuse include but are not limited to the following
activities:
Sending unsolicited electronic mail messages and "mail-bombing" (sending
mass unsolicited e-mail messages to a single user, or group of users,
commercial or otherwise, or deliberately sending very large attachments to
one recipient) using IP Service(s) are prohibited.
using another site's mail server to relay mail without the express
permission of the site
using another computer, without authorization, to send multiple e-mail
messages or to retransmit e-mail messages for the purpose of misleading
recipients as to the origin
using IP addresses that the Customer does not have a right to use
collecting the responses from unsolicited electronic messages
maintaining a site that is advertised via unsolicited electronic messages,
regardless of the origin of the unsolicited electronic messages
spamming, or sending unsolicited commercial e-mail, sending unsolicited
electronic messages with petitions for signatures, or any chain mail related
materials, or requests for charitable donations
sending messages that are harassing or malicious, or otherwise could
reasonably be predicted to interfere with another party's quiet enjoyment of
the AT&T IP Services or the Internet (e.g., through language, frequency,
size or otherwise)
sending bulk (i.e., twenty-five or more recipients) electronic messages
without identifying, within the message, a reasonable means of opting out
from receiving additional messages from the sender
using distribution lists containing addresses that include those who have
opted out
sending electronic messages that do not accurately identify the sender, the
sender's return address, the e-mail address of origin, or other information
contained in the subject line or header.
forging headers or identifiers in order to disguise the origin of e-mail
use of redirect links in unsolicited commercial e-mail to advertise a
website or service
posting a single message, or messages to online forums or newsgroups, that
could reasonably be expected to provoke complaints
posting messages to or canceling or superseding messages on an online forum
or newsgroup in a manner that violates the rules of the forum or newsgroup
or that contain forged header information.
sending bulk electronic messages in quantities that exceed standard industry
norms or that create the potential for disruption of the AT&T network or of
the networks with which AT&T interconnects
intercepting, redirecting or otherwise interfering or attempting to
interfere with e-mail intended for other parties
knowingly deleting any author attributions, legal notices or proprietary
designations or labels in a file that the user mails or sends
using, distributing, advertising, transmitting, or otherwise making
available any software program, product, or service that is designed to
violate this AUP or the AUP of any other Internet Service Provider,
including, but not limited to, the facilitation of the means to spam
Spam Damages: Because spam related damages are often difficult to quantify,
in those cases where the actual damages cannot be reasonably calculated AT&T
reserves the right to seek from the Customer liquidated damages in the
amount of five dollars (US$5.00) for each piece of 'spam' or unsolicited
bulk email transmitted from or otherwise connected with Customer's account,
in addition to any other rights and remedies AT&T my have in contract, law
and equity.
Security Violations
It is Customer's responsibility to ensure the security of its network and
the machines that connect to and use IP Service(s). You are responsible for
configuring and securing your services to prevent damage to the AT&T network
and/or the disruption of Service(s) to other customers, and ensuring that
your customers and users use the Service(s) in an appropriate manner.
Customer is required to take all necessary steps to manage the use of the IP
Service(s) in such a manner that network abuse is prevented or minimized to
the greatest extent possible. It is Customer's responsibility to take
corrective actions on vulnerable or exploited systems to prevent continued
abuse. Violations of system or network security are prohibited and may
result in criminal and/or civil liability.
AT&T IP Services may not be used to interfere with, to gain unauthorized
access to, or otherwise violate the security of AT&T's or another party's
server, network, personal computer, network access or control devices,
software or data, or other system, or to attempt to do any of the foregoing.
Examples of violations of system or network security include but are not
limited to:
intercepting, interfering with or redirecting e-mail intended for third
parties, or any form of network monitoring, scanning or probing, or other
action for the unauthorized interception of data or harvesting of e-mail
addresses
hacking - attempting to attack, breach, circumvent or test the vulnerability
of the user authentication or security of any host, network, server,
personal computer, network access and control devices, software or data
without express authorization of the owner of the system or network
impersonating others in order to obtain another user's account password or
other personal information.
using the IP Service(s) to deliver spyware, or secretly or deceptively
obtain the personal information of third parties (phishing, etc.), or engage
in modem hi-jacking
using any program, file, script, command or the transmission of any message
or content of any kind, designed to interfere with a terminal session or the
access or use of the Internet or any other means of communication
distributing or using tools designed to compromise security, including
cracking tools, password guessing programs, packet sniffers or network
probing tools (except in the case of authorized legitimate network security
operations)
unauthorized monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network this would
include use of sniffers or SNMP tools
falsifying packet header, sender, or User information whether in whole or in
part to mask the identity of the sender, originator or point of origin and
knowingly uploading or distributing files that contain viruses, Trojan
horses, worms, time bombs, cancel bots, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer or property of another
engaging in the transmission of pirated software
with respect to dial-up accounts, using any software or device designed to
defeat system time-out limits or to allow your account to stay logged on
while you are not actively using the AT&T IP Service(s) or using your
account for the purpose of operating a server of any type
using manual or electronic means to avoid any use limitations placed on the
Services
gaining unauthorized access to private networks
violating rules, regulations, and policies applicable to any network,
server, computer database, web site, or ISP that you access through the IP
Service(s).
Network Usage
Where an AT&T Service account, service or feature description specifies
limits on bandwidth, disk utilization, simultaneous connections, and/or
aggregate data download or upload, use in excess of those limits is not
permitted without an appropriate change in account type or status and may
incur additional charges for such usage.
Bandwidth, disk utilization, simultaneous connections, and aggregate data
downloads/uploads will be computed or determined by AT&T from time to time
in developing its product and service offerings. In the event AT&T
determines that an account is exceeding the relevant bandwidth, disk
utilization, aggregate data download/upload limits, simultaneous
connections, or reasonable session times, the account owner will generally
be notified by E-mail. If the excess use continues after such notification,
the owner may be requested to upgrade the type of account or to modify the
activity creating the excess use, or the account may be terminated.
If excessive bandwidth, disk space utilization, simultaneous connections,
aggregate data download or upload, or session length is determined to
adversely affect AT&T's ability to provide service, immediate action may be
taken. The account owner may be notified by e-mail as soon as practical
thereafter.
Customer Responsibilities
Customer remains solely and fully responsible for the content of any
material posted, hosted, downloaded/uploaded, created, accessed or
transmitted using the IP Services. AT&T takes no responsibility and assumes
no liability for any material created or accessible on or through the AT&T
network(s) using IP Service(s), or for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography, or profanity Customer
(or its Users) may encounter. As the provider of IP Service(s), AT&T is only
a forum and is not liable for any statements, representations, or content
provided by the users of IP Services in any public forum. AT&T shall not be
obligated to monitor or exercise any editorial control over such material,
but reserves the right to do so. In the event that AT&T becomes aware that
any such material may violate this AUP, other applicable terms of use or
contract provisions, and/or expose AT&T to civil or criminal liability, AT&T
reserves the right to block access to such material and suspend or terminate
the Service of any user creating, storing or disseminating such material.
AT&T further reserves the right to conduct investigations into fraud,
violations of the Terms of Service, this AUP or other laws or regulations,
and to cooperate with legal authorities and third parties in the
investigation of alleged wrongdoing, including disclosing the identity of
the user that AT&T deems responsible for the wrongdoing.
Customer agrees to indemnify and hold AT&T harmless from any claim, action,
demand, loss, or damage (including attorneys' fees) made by any third party
against AT&T as a provider of the IP Service(s) arising out of or relating
to any violation(s) of this AUP by Customer (or its Users).
Incident Reporting
Any complaints (other than claims of copyright or trademark infringement)
regarding violation of this AUP by an AT&T Customer (or its User) should be
directed to abuse@att.net. Where possible, include details that would assist
AT&T in investigating and resolving such complaint (i.e. expanded headers
and a copy of the offending transmission).
Revisions to the AUP
AT&T reserves the right to modify its Acceptable Use Policy at any time, and
effective when posted to AT&T's web site (http://www.corp.att.com/aup).
Notice of any change to this AUP may also be provided to a Customer via
electronic mail, if Customer subscribes to AT&T's automated notification
system regarding any AUP changes. It is your responsibility to notify AT&T
of any change of address. You must respond in a timely manner to complaints
concerning misuse of the Service(s) obtained from AT&T. Failure to
responsibly manage the use of the Service(s) obtained from AT&T may be cause
for termination of Service(s) to you and, depending upon the terms under
which you acquired your Service(s), could lead to the imposition of early
termination fees.
Last updated 8-October-2007
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Acceptable Use Policy
Copyright 2008 AT&T Intellectual Property. All rights reserved.
AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.
Acceptable Use Policy
By using Service(s) provided by AT&T Internet Services, its affiliates or
subsidiaries, you ("Customer") agree to comply with this Acceptable Use
Policy (AUP). This AUP may be revised from time to time and your use of
AT&T's Service(s) after changes are posted on AT&T's web site at
www.att.net/legal/aup shall constitute your acceptance of any changed or
additional terms.
Introduction
The AT&T Acceptable Use Policy is designed to help protect AT&T's assets,
the assets of its Customers, and the Internet community, from irresponsible
or illegal activities of AT&T Customers and its Users. These activities may
disrupt or degrade AT&T IP Services, pose a threat to AT&T's assets, expose
AT&T (or other providers of IP Services) to claims of civil or criminal
liability or other legal sanctions. Moreover, because of various conventions
used in the industry (including blocking, filtering and blacklisting) these
activities may impair AT&T's ability to interconnect with other providers of
IP Service. These activities may relate to the content stored or transmitted
by Customers or its Users or to the nature of the transmissions themselves
such as sending large numbers of unsolicited messages (Spam).
Customers are responsible for avoiding the prohibited activities and
strictly following the AUP terms set forth herein.
AUP Coverage
The AT&T Acceptable Use Policy ("AUP") applies to the services that provide
(or include) access to the Internet, services provided over the Internet,
and Hosting services (collectively "IP Services"). Customer is responsible
for the actions of others who may be using the IP Service(s) under
Customer's account. It is Customer's obligation to take whatever measures
are necessary to protect access to Customer's account (e.g., to keep the
access password secure). If a Customer or its User(s) violate the AUP, AT&T
may, depending on the nature and severity of the violation, suspend or
terminate service, as specified below.
Customer may have access through the AT&T network(s) and Service(s) to
search engines, subscription web services, chat areas, bulletin boards, web
pages, USENET, or other services that promulgate rules, guidelines or
agreements to govern their use. Failure to adhere to any such rules,
guidelines, or agreements shall be a violation of this AUP.
AT&T is aware that some of its Customers are, themselves, providers of
Internet based services, and that information reaching AT&T network(s) or
facilities from those Customers may have originated from the AT&T Customer
or from another third-party. AT&T reserves the right to take action against
AT&T Customer and directly against such Customers' subscribers, even though
the AT&T's corrective action may affect other non-offending subscribers of
the AT&T Customer.
AUP Enforcement and Notice
Customer's failure to observe the guidelines set forth in this AUP may
result in AT&T taking actions anywhere from a warning to a suspension of
privileges or termination of your Service(s). AT&T reserves the right, but
does not assume the obligation, to strictly enforce the AUP. When feasible,
AT&T may provide Customer with notice of an AUP violation via e-mail or
otherwise and demand that such violation is immediately corrected.
However, AT&T reserves the right to act immediately and without notice to
suspend or terminate IP Service(s) in response to a court order or other
legal requirement that certain conduct should be stopped or when AT&T
determines, in its sole discretion, that the conduct may: (1) expose AT&T to
sanctions, prosecution, civil action or any other liability, (2) cause harm
to or interfere with the integrity or normal operations of AT&T's network(s)
or facilities, (3) interfere with another person's use of AT&T's IP
Service(s) or the Internet, or (4) otherwise present a risk of harm to AT&T
or AT&T Customers or other parties AT&T interconnects with.
AT&T's decisions with respect to interpretation of the AUP and appropriate
remedial actions are final and determined by AT&T in its sole discretion.
AT&T may refer potential violations of law(s) to the proper authorities, may
cooperate in the investigation of any suspected criminal or civil
wrongdoing, and will cooperate with authorities when required to do so by
law, subpoena, or when the public safety is at stake. AT&T assumes no
obligation to inform you that your information has been disclosed, and, in
some cases, may be prohibited by law from providing such notice.
AT&T does not, as an ordinary practice, proactively monitor the activities
of those who use its IP Service(s) or exercise any editorial control over
any material transmitted, hosted or posted using IP Services to ensure that
its Customers comply with the AUP and/or the law, although it reserves the
right to do so. If AT&T is alerted to violations or potential violations of
this AUP, AT&T will take whatever measures it deems necessary and
appropriate to stop or prevent such violations including the actions
described in this AUP. For example, AT&T may in its sole discretion refuse
to transmit, screen, or editing content prior to delivery of the IP
Service(s), block access to certain categories of numbers or certain sites
as AT&T determines needed to enforce these policies.
If your Service is suspended or terminated for any AUP violation, you must
get written approval from the AT&T Abuse Team (outside of the normal
ordering process) prior to reactivating or ordering new service. In any
case, AT&T may, in its discretion, decline to reinstate your Service. If
AT&T approves you for reinstatement or new service, set-up fees,
reactivation fees or deposits may apply. If AT&T discovers that you have
renewed Service, or ordered new Service, following termination for an AUP
violation without the prior written consent of the AT&T abuse team, it may
terminate your Service without further notice. In such case, you are
responsible for any applicable early termination charges.
AT&T will not issue any refunds, credits or other forms of compensation for
the period when IP Service(s) have been suspended as a result of
violation(s) or alleged violation(s) of this AUP.
AT&T shall not be liable for any damages of any nature suffered by any
Customer, User, or third party resulting in whole or in part from AT&T's
exercise of its rights under this AUP.
Prohibited Actions
AT&T respects freedom of expression and believes it is a foundation of our
free society to express differing points of view. AT&T will not terminate,
disconnect or suspend service because of the views you or we express on
public policy matters, political issues or political campaigns. AT&T is
committed at all times, however, to complying with the laws and regulations
governing use of the Internet and e-mail transmissions and to preserving for
all of its Customers the ability to use AT&T's network and the Internet
without interference or harassment from other users. AT&T prohibits use of
its IP Services in any way that is unlawful, interferes with use of AT&T's
network or the Internet, interferes in any way with the usage or enjoyment
of services received by others, infringes intellectual property rights,
results in the publication of threatening or offensive material, constitutes
Spam/E-mail/Usenet abuse, or presents security or privacy risks. Customer
will not resell or provide Service(s) to unauthorized third parties, whether
as part of a commercial enterprise or otherwise.
Customer is prohibited from engaging in any other activity, whether legal or
not, that AT&T determines in its sole discretion, to be harmful to its
subscribers, operations, network(s).
Unlawful Activities
AT&T IP Services shall not be used in connection with any criminal, civil or
administrative violation of any applicable local, state, and provincial,
federal, national or international law, treaty, court order, ordinance,
regulation or administrative rule.
By using the IP Service(s), Customer represents and warrants to AT&T that
Customer (and its Users) are not resident(s) of any country or affiliated
with any of organization prohibited to do business within the United States
as defined and set forth at: http://www.treas.gov/ofac and
http://www.bxa.doc.gov/dpl/thedeniallist.asp. Accounts registered using
false or misleading information may be terminated immediately and without
notice.
Intellectual Property
You are prohibited from infringing, publishing, submitting, copying,
uploading, downloading, posting, transmitting, reproducing, or distributing
software, video or audio content, or any other material that is protected by
copyright, trademark, patent, trade secret, any other type of intellectual
property rights, trademark laws (by rights of privacy or publicity) or other
proprietary right of any party unless you own or control the rights thereto
or have received all necessary consent to do the same. This prohibition
includes the use of any material or information including images or
photographs that are made available through an AT&T site or Service(s).
For more information about AT&T's copyright protection practices under the
Digital Millennium Copyright Act (DMCA) of 1998:, and for information on how
to contact AT&T's DMCA agent, please refer to:
http://www.att.net/legal/copyright.
Offensive or Threatening Material or Content
AT&T IP Services shall not be used to host, post, transmit, or re-transmit
any content or material that is threatening, harassing, obscene, indecent,
hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or
publicity rights, abusive, inflammatory, or otherwise harmful or offensive
to third parties, treasonous, excessively violent or promotes the use of
violence, or provides instruction, information or assistance in causing or
carrying out violence against any government, organization, group or
individual, or provides guidance, information or assistance with respect to
causing damage or security breaches to AT&T's network or to the network of
any other IP Service provider. Customer shall not create or attempt to
utilize a domain name that is fraudulent, indecent, offensive, deceptive,
threatening, abusive or harassing.
Interaction with Minors
AT&T has a zero tolerance policy regarding use of its Service to engage in
inappropriate conduct with a minor (anyone under 18 years of age). You shall
not knowingly collect or solicit personal information from a minor without
the express consent of the parent or guardian of the minor, nor shall you
use this Service to harm or intimidate a minor. AT&T complies with all
federal and state laws pertaining to the protection of minors, including the
reporting of all apparent cases of child pornography or exploitation to the
National Center for Missing and Exploited Children. For more information
about online safety, visit www.ncmec.org or www.att.com/safety.
Spam/E-mail/Usenet Abuse
Violation of the CAN-SPAM Act of 2003, or any state or federal law
regulating e-mail services, constitutes an automatic violation of this AUP
and AT&T reserves the right to seek damages and other available relief
against Customer, as applicable.
Spam/E-mail/Usenet Abuse is prohibited on AT&T IP Services. Examples of
Spam/E-mail/Usenet Abuse include but are not limited to the following
activities:
Sending unsolicited electronic mail messages and "mail-bombing" (sending
mass unsolicited e-mail messages to a single user, or group of users,
commercial or otherwise, or deliberately sending very large attachments to
one recipient) using IP Service(s) are prohibited.
using another site's mail server to relay mail without the express
permission of the site
using another computer, without authorization, to send multiple e-mail
messages or to retransmit e-mail messages for the purpose of misleading
recipients as to the origin
using IP addresses that the Customer does not have a right to use
collecting the responses from unsolicited electronic messages
maintaining a site that is advertised via unsolicited electronic messages,
regardless of the origin of the unsolicited electronic messages
spamming, or sending unsolicited commercial e-mail, sending unsolicited
electronic messages with petitions for signatures, or any chain mail related
materials, or requests for charitable donations
sending messages that are harassing or malicious, or otherwise could
reasonably be predicted to interfere with another party's quiet enjoyment of
the AT&T IP Services or the Internet (e.g., through language, frequency,
size or otherwise)
sending bulk (i.e., twenty-five or more recipients) electronic messages
without identifying, within the message, a reasonable means of opting out
from receiving additional messages from the sender
using distribution lists containing addresses that include those who have
opted out
sending electronic messages that do not accurately identify the sender, the
sender's return address, the e-mail address of origin, or other information
contained in the subject line or header.
forging headers or identifiers in order to disguise the origin of e-mail
use of redirect links in unsolicited commercial e-mail to advertise a
website or service
posting a single message, or messages to online forums or newsgroups, that
could reasonably be expected to provoke complaints
posting messages to or canceling or superseding messages on an online forum
or newsgroup in a manner that violates the rules of the forum or newsgroup
or that contain forged header information.
sending bulk electronic messages in quantities that exceed standard industry
norms or that create the potential for disruption of the AT&T network or of
the networks with which AT&T interconnects
intercepting, redirecting or otherwise interfering or attempting to
interfere with e-mail intended for other parties
knowingly deleting any author attributions, legal notices or proprietary
designations or labels in a file that the user mails or sends
using, distributing, advertising, transmitting, or otherwise making
available any software program, product, or service that is designed to
violate this AUP or the AUP of any other Internet Service Provider,
including, but not limited to, the facilitation of the means to spam
Spam Damages: Because spam related damages are often difficult to quantify,
in those cases where the actual damages cannot be reasonably calculated AT&T
reserves the right to seek from the Customer liquidated damages in the
amount of five dollars (US$5.00) for each piece of 'spam' or unsolicited
bulk email transmitted from or otherwise connected with Customer's account,
in addition to any other rights and remedies AT&T my have in contract, law
and equity.
Security Violations
It is Customer's responsibility to ensure the security of its network and
the machines that connect to and use IP Service(s). You are responsible for
configuring and securing your services to prevent damage to the AT&T network
and/or the disruption of Service(s) to other customers, and ensuring that
your customers and users use the Service(s) in an appropriate manner.
Customer is required to take all necessary steps to manage the use of the IP
Service(s) in such a manner that network abuse is prevented or minimized to
the greatest extent possible. It is Customer's responsibility to take
corrective actions on vulnerable or exploited systems to prevent continued
abuse. Violations of system or network security are prohibited and may
result in criminal and/or civil liability.
AT&T IP Services may not be used to interfere with, to gain unauthorized
access to, or otherwise violate the security of AT&T's or another party's
server, network, personal computer, network access or control devices,
software or data, or other system, or to attempt to do any of the foregoing.
Examples of violations of system or network security include but are not
limited to:
intercepting, interfering with or redirecting e-mail intended for third
parties, or any form of network monitoring, scanning or probing, or other
action for the unauthorized interception of data or harvesting of e-mail
addresses
hacking - attempting to attack, breach, circumvent or test the vulnerability
of the user authentication or security of any host, network, server,
personal computer, network access and control devices, software or data
without express authorization of the owner of the system or network
impersonating others in order to obtain another user's account password or
other personal information.
using the IP Service(s) to deliver spyware, or secretly or deceptively
obtain the personal information of third parties (phishing, etc.), or engage
in modem hi-jacking
using any program, file, script, command or the transmission of any message
or content of any kind, designed to interfere with a terminal session or the
access or use of the Internet or any other means of communication
distributing or using tools designed to compromise security, including
cracking tools, password guessing programs, packet sniffers or network
probing tools (except in the case of authorized legitimate network security
operations)
unauthorized monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network this would
include use of sniffers or SNMP tools
falsifying packet header, sender, or User information whether in whole or in
part to mask the identity of the sender, originator or point of origin and
knowingly uploading or distributing files that contain viruses, Trojan
horses, worms, time bombs, cancel bots, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer or property of another
engaging in the transmission of pirated software
with respect to dial-up accounts, using any software or device designed to
defeat system time-out limits or to allow your account to stay logged on
while you are not actively using the AT&T IP Service(s) or using your
account for the purpose of operating a server of any type
using manual or electronic means to avoid any use limitations placed on the
Services
gaining unauthorized access to private networks
violating rules, regulations, and policies applicable to any network,
server, computer database, web site, or ISP that you access through the IP
Service(s).
Network Usage
Where an AT&T Service account, service or feature description specifies
limits on bandwidth, disk utilization, simultaneous connections, and/or
aggregate data download or upload, use in excess of those limits is not
permitted without an appropriate change in account type or status and may
incur additional charges for such usage.
Bandwidth, disk utilization, simultaneous connections, and aggregate data
downloads/uploads will be computed or determined by AT&T from time to time
in developing its product and service offerings. In the event AT&T
determines that an account is exceeding the relevant bandwidth, disk
utilization, aggregate data download/upload limits, simultaneous
connections, or reasonable session times, the account owner will generally
be notified by E-mail. If the excess use continues after such notification,
the owner may be requested to upgrade the type of account or to modify the
activity creating the excess use, or the account may be terminated.
If excessive bandwidth, disk space utilization, simultaneous connections,
aggregate data download or upload, or session length is determined to
adversely affect AT&T's ability to provide service, immediate action may be
taken. The account owner may be notified by e-mail as soon as practical
thereafter.
Customer Responsibilities
Customer remains solely and fully responsible for the content of any
material posted, hosted, downloaded/uploaded, created, accessed or
transmitted using the IP Services. AT&T takes no responsibility and assumes
no liability for any material created or accessible on or through the AT&T
network(s) using IP Service(s), or for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography, or profanity Customer
(or its Users) may encounter. As the provider of IP Service(s), AT&T is only
a forum and is not liable for any statements, representations, or content
provided by the users of IP Services in any public forum. AT&T shall not be
obligated to monitor or exercise any editorial control over such material,
but reserves the right to do so. In the event that AT&T becomes aware that
any such material may violate this AUP, other applicable terms of use or
contract provisions, and/or expose AT&T to civil or criminal liability, AT&T
reserves the right to block access to such material and suspend or terminate
the Service of any user creating, storing or disseminating such material.
AT&T further reserves the right to conduct investigations into fraud,
violations of the Terms of Service, this AUP or other laws or regulations,
and to cooperate with legal authorities and third parties in the
investigation of alleged wrongdoing, including disclosing the identity of
the user that AT&T deems responsible for the wrongdoing.
Customer agrees to indemnify and hold AT&T harmless from any claim, action,
demand, loss, or damage (including attorneys' fees) made by any third party
against AT&T as a provider of the IP Service(s) arising out of or relating
to any violation(s) of this AUP by Customer (or its Users).
Incident Reporting
Any complaints (other than claims of copyright or trademark infringement)
regarding violation of this AUP by an AT&T Customer (or its User) should be
directed to abuse@att.net. Where possible, include details that would assist
AT&T in investigating and resolving such complaint (i.e. expanded headers
and a copy of the offending transmission).
Revisions to the AUP
AT&T reserves the right to modify its Acceptable Use Policy at any time, and
effective when posted to AT&T's web site (http://www.corp.att.com/aup).
Notice of any change to this AUP may also be provided to a Customer via
electronic mail, if Customer subscribes to AT&T's automated notification
system regarding any AUP changes. It is your responsibility to notify AT&T
of any change of address. You must respond in a timely manner to complaints
concerning misuse of the Service(s) obtained from AT&T. Failure to
responsibly manage the use of the Service(s) obtained from AT&T may be cause
for termination of Service(s) to you and, depending upon the terms under
which you acquired your Service(s), could lead to the imposition of early
termination fees.
Last updated 8-October-2007
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