Acceptable Use Policy

This Acceptable Use Policy (“Policy”) specifies the actions prohibited by users of the services of Essextel, Inc., ("Essextel" or “we”). This Policy applies to all users of the services, including customers and their end users (“Customer” or “you”). Essextel reserves the right to modify the policy at any time. Your use of Essextel's services constitutes acceptance of this Acceptable Use Policy, as may be amended from time to time upon written notice to you or by posting modifications to our webpage.

 

Illegal and Unauthorized Use: Essextel services may only be used for lawful purposes. All illegal uses are prohibited, even if not specified below. Prohibited uses include, without limitation, any of the following:

·        Posting, transmission, re-transmission, distributing or storing material on or through any of Essextel's services (or associated equipment), if Essextel determines, in its sole discretion, that such posting, transmission, re-transmission, distribution or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Customers are responsible for determining what laws or regulations are applicable to its use of the services.

·        Installation or distribution of  material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization (such as "pirated" software products).

·        Resale of Essextel's services on a whole-sale or carrier basis without the express prior written consent of Essextel (unless you have been authorized to resell under a separate agreement).

·        To engage in deceptive or fraudulent marketing or business practices.

·        Collect or store personal data about other users of the Essextel services (without their consent);

·        Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Essextel's products or services.

·        Sending unsolicited mail messages (e.g. "junk mail") or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship; or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail.

·        Transmitting unsolicited bulk or commercial messages commonly known as “spam” or, in the case of telephone calls, “robocalling.”

·        Any of the following activities by you (or your users) using dedicated machines (also known as “machines” or “dedicated servers” or “autodialers”) or virtual dedicated servers (also known as “VDS”, “VPS”, “virtual machines”, and/or “virtual servers”): (i) running a tunnel or proxy to a server at another host, (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity, (iii) generating bulk messages or telephone calls through the use of autodialers; or (iv) falsifying the information transmitted to a caller ID display for the purposes of disguising identity.

·        Harassment, whether through language, frequency, or size of messages.

·        Unauthorized use or forging of mail header information.

·        Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

·        Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

  • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services or develop hidden pages or images;

  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;

·        Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

  • Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the services, servers, or network infrastructure;

  • Encourage, glorify or commit conduct which is likely to give rise to criminal or civil liability; and

  • Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever.

 

System and Network Security: You may not, and may not permit your end users, to do anything that threatens the integrity or security of Essextel’s network or utilization of Essextel’s network for others. All such uses are prohibited, even if not specified below. Prohibited uses include, without limitation, any of the following:

·        Actions that generate excessive network traffic through automated or manual routines that are not related to ordinary use of internet services, or actions that otherwise restrict or inhibit anyone else’s use or enjoyment of Essextel's services.

·        Introduction of malicious programs into the Essextel network or servers or other products and services of Essextel (e.g., viruses, trojan horses and worms).

·        Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of such include, but are not limited to, accessing data not intended for you as recipient, logging into a server or account without authorization to access, port scans, flood pings, packet spoofing and forged routing information.

·        Executing any form of network monitoring that will intercept data not intended for the customer. 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.

·        Circumventing user authentication or security of any host, network or account.

·        Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack). Customers may not willfully or negligently allow incitement of others to attack any host on Essextel’s network, or any other host on the internet.

·        Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

·        Failing to comply with Essextel's procedures relating to the activities of customers on Essextel-owned facilities.

 

Enforcement

Essextel may immediately suspend and/or terminate the customer's service content for violation of any provision of this Policy. In addition, and by way of illustration, Essextel may suspend or terminate services and traffic to/from your IP address, email, or phone number in the event of (a) a denial of service attack, (b) detection of a botnet, (c) propagation of computer viruses or other programs, (d) propagation of unsolicited bulk messages, (e) malicious and premeditated congestion of Essextel’s network, (f) falsification of the identity of packages and messages (including modification of the heading of TCP/IP packages, electronic mail messages and message), or (g) other similar attacks on Essextel’s network or customers. Essextel may attempt to work with you to cure violations of this policy and ensure that there is no re-occurrence; however, Essextel reserves the right to suspend or terminate based on a first offense. Essextel reserves the right to charge fees arising from management or handling of complaints related to alleged violations of this Policy. We further reserve the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate service, with or without notice, to anyone we believe is using the services in a manner that adversely impacts our network. Essextel also reserves the right to monitor and refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, Essextel deems to be in violation or otherwise inconsistent with this Policy. However, neither Essextel nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made through the Service.

 

Privacy Notice

Essextel makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Essextel technology, and makes no guarantee that any other entity or group of users will be included or excluded from Essextel's network. We may monitor your compliance, or other customer’s compliance, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.

 

Questions or Reporting

If you are unsure of whether any contemplated use or action is permitted, or to report a possible violation of this Policy, please contact Essextel at noc@essextel.com or call 978-867-2804.