:: Cleartel :: Acceptable Use Policy

Acceptable Use Policy

This Acceptable Use Policy specifies the actions prohibited by Cleartel Communications to users of the network. By using the network, you acknowledge that you and users that have gained access to the network through your account, have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line communications, we may block services that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. Cleartel Communications reserves the right to modify the Policy at any time.

ILLEGAL ACTIVITIES
The Network may only be used for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Network and System Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Cleartel Communications will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information.
Engage in any activities that may interfere with the ability of others to access or use the Service or the Internet.

EMAIL
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Nothing contained in this policy shall be construed to limit Cleartel Communications’ actions or remedies in any way with respect to any of the foregoing activities, and Cleartel Communications reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Cleartel Communications network, and levying cancellation charges to cover Cleartel Communications’ costs in the event of disconnection of dedicated access for the causes outlined above.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us at abuse@cleartel.com. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation of these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.

MILLENNIUM COPYRIGHT ACT
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities is prohibited. Also, engaging in activity that violates privacy, publicity, or other personal rights of others is prohibited.

Cleartel Communications is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Cleartel Communications’ policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Misuse of Content and Copyrighted Materials -- Cleartel Communications has designated a contact ( copyrightviolation@cleartel.com ) to receive notifications of alleged copyright infringement.

A notice from a copyright owner must be in writing and must be signed by such copyright owner or his or her agent. The notification must include certain specified information, including an identification of the allegedly infringing material and information reasonably sufficient for the ISP to locate the material or the reference or link to it.

Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred by an ISP or a User as a result of the ISP relying on such misrepresentation in removing or blocking material.

Subscribers who feel that an infringement notification has been filed in error must submit a protest in writing to copyrightviolation@cleartel.com . Detailed Description of Material that has been removed or to which access has been disabled or detailed information supporting reason for counter notification must be sent to Cleartel Communications before Cleartel Communications will re-instate the service.

The subscriber must file a counter notification to the person who originated the copyright infringement notification ONLY in the event of mistake or misidentification.

By submitting a counter notification, you are indicating under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Further, you consent to the jurisdiction of Federal District Court for the judicial district in which the addressee is located and you will accept service of process from the person who provided notification or an agent of such person.

NO WARRANTIES - Regarding Internet & Hosting Services -

You agree that use of the Service is at your sole risk. You acknowledge that the Service may provide access to the Internet, but that the Internet is not owned, operated or managed by CLEARTEL COMMUNICATIONS.
With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, CLEARTEL COMMUNICATIONS (i) has no responsibility or obligation with respect to (and does not endorse) any information, good or service, (ii) makes no warranties whatsoever (express or implied) with regard to any information, good or service (including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, safety or fitness for a particular purpose), (iii) will not be a party to a transaction between you and any other user of the Service and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. CLEARTEL COMMUNICATIONS does not assume liability to subscribers or any other users or members of user’s household for any failure to enforce the Guidelines.
CLEARTEL COMMUNICATIONS AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. CLEARTEL COMMUNICATIONS DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. . CLEARTEL COMMUNICATIONS DOES NOT WARRANT THAT CLEARTEL COMMUNICATIONS SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR CLEARTEL COMMUNICATIONS SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY CLEARTEL COMMUNICATIONS, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL CLEARTEL COMMUNICATIONS OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CLEARTEL COMMUNICATIONS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING THE SOFTWARE THAT CLEARTEL COMMUNICATIONS DEEMS TO BE DEFECTIVE OR THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR YEAR, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, CLEARTEL COMMUNICATIONS LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.