SMT ACCEPTABLE USE POLICY
1. This “SMT Acceptable Use Policy” sets forth the SMT policy on the acceptable use by you of the Service, which includes your optional Personal Web Space, e-mail, and other services which may be added from time to time. It is designed to help protect the Service, SMT’ customers and the Internet community, from irresponsible or illegal activities.
2. SMT reserves the right to decline to provide Service to you, or immediately to terminate your Service for material breach, if your use of the Service or your use of a User ID or the User ID of additional users on your account, whether explicitly or implicitly, and in the sole discretion of SMT: (a) illegal, such as child pornography (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason, (d) in any manner violates the terms of this Acceptable Use Policy.
3. You may not use the Service as follows:
(a) for any unlawful, improper or criminal purpose or activity;
(b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason;
(c) to attempt to access or access the accounts of others, to spoof or attempt to spoof the URL, DNS address, or IP address of SMT or any other entity or person, or to attempt to penetrate or penetrate security measures of SMT WEB or other entities’ systems (“hacking” whether or not the intrusion results in corruption or loss of data;
(d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to “spamming”, “flaming” or denial or distributed denial of service attacks;
(e) to transmit unsolicited voluminous e-mails (for example, spamming) or to intercept, interfere with or redirect e-mail intended for third parties using the Services;
(f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet;
(g) to post information on newsgroups which is not in the topic area of the newsgroup;
(h) to interfere with another person’s usage or enjoyment of the Internet or this Service
(i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as “make-money-fast” schemes or “pyramid/chain” letters;
(j) to damage the name or reputation of SMT, its parent, affiliates and subsidiaries, or any third parties;
(k) to transmit confidential or proprietary information, except solely at your own risk;
(l) to violate SMT or any third party’s copyright, trademark, proprietary or other intellectual property rights, including trade secret rights;
(m) to use more than one IP address without the knowledge and consent of SMT;
(n) to generate excessive amounts (as determined by SMT in its sole discretion) of Internet traffic, or to disrupt net user groups or e-mail use by others;
(o) to engage in activities designed to or having the effect of degrading or denying Service to SMT users or others (including activities that compromise a server, router, circuit or software;
(p) to use any name or mark of SMT, its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner;
(q) to use your SMT account for the purpose of operating a server of any type other than with the knowledge and consent of SMT;
(r) to use the Service or the Internet in a manner intended to threaten, harass or intimidate;
(s) to cause the screen to “scroll” faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service;
(t) to use the Service to disrupt the normal flow of online dialogue,
(u) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service;
(v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet;
(w) to impersonate any person or using a false name while using the Service;
(x) to install “auto-responders,” “cancel-bots” or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or e-mail use by others;
(y) to make false or unverified complaints against any SMT subscriber, or otherwise abusing any of SMT complaint response procedures;
(z) to use software or any other device that would allow your account to stay logged on while you are not actively using the Service
(aa) to export software or any information in violation of US export laws;
(bb) to use the Service in contravention of the limitations of the pricing plan you have chosen;
(cc) for DSL customers who use static IP, such customers must only use their assigned IP address; or
(dd) to open more than three simultaneous connections to newsgroups at any one time or to rapidly open and close or create connections for users other than yourself (our subscriber).
4. Copyright Infringement/Repeat Infringer Policy. SMT respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material on, or disseminate material over, SMT’ systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of SMT to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) a subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) where a valid, effective and uncontested notice has been provided to SMT alleging facts which are a violation by the subscriber or account holder of SMT Copyright Policy prohibiting infringing activity involving SMT systems or servers, or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, SMT expressly reserves the right to terminate or suspend the service of any subscriber or account holder if SMT, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights SMT may have under law or contract.
5. You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify SMT if you become subject to any such order.
6. You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Services and shall not impersonate any person or use a false name while using the Services. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with SMT and provide requested information in connection with all security and use matters. You agree to promptly notify SMT if you suspect unauthorized use of the Service or of your UserID. You remain liable for unauthorized use until your
notification to SMT. You agree that your name, UserID and other identifying information may be placed in our user directory.
7. SMT reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong.
8. SMT reserves the right, but shall be under no obligation, to monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.
SMT ANTI-SPAM / ANTI-VIRUS PROTECTION TERMS AND CONDITIONS
1. SERVICE AGREEMENT
1.1 This SMT Anti-Spam / Anti-Virus Protection Terms and Conditions Agreement (“Agreement”) is entered into by the subscriber (“you”) and SMT (“SMT”). By using, the Anti-Spam / Anti-Virus Protection service (“Service”) you agree to be bound by the terms and conditions herein. You agree to allow SMT to process incoming e-mail messages against known SPAM (defined as un-requested, unsolicited e-mail messages from entities that you have no business or personal relationship with) filter rules that are implemented automatically on inbound e-mail accounts that are enrolled in the Service in order to determine if the messages are unsolicited (SPAM).
2. SCOPE OF SERVICE
2.1 The processing of e-mail messages is by computer-automated systems. Portions of the Service may be provided to SMT by third-party vendor(s), over which SMT exercises no control. SMT warrants that the Service is being provided by automated computer processing and that NO employee, affiliate, or agent of SMT is reading your or other subscribers e-mail messages. The processing required to provide this Service is limited solely to the determination as to whether an e-mail message should be considered and treated as SPAM. The Service does not archive, store, or otherwise collect any e-mail messages or portions thereof, except as outlined herein.
2.2 SMT reserves the right to change the method of electronic processing and filtering used to provide this Service without prior notice to you. SMT further reserves the right to disable the Service temporarily, without notice, to prevent detrimental service degradation to you and other SMT subscribers.
2.3 By agreeing to use the Service you acknowledge that the Service is provided on a “Best Effort” basis and agree that no SPAM / VIRUS filtering service or technology is 100% effective. You understand that you may continue to receive unsolicited messages, despite the Anti-Spam / Anti-Virus Protection Service being enabled. E-mail messages that have been determined to be SPAM will be sidelined in the Greymail e-mailbox that is provided as part of this Service. E-mail messages determined to be SPAM will be held in a Greymail e-mailbox for thirty (30) days before being deleted. Access to your Greymail e-mailbox is provided solely through the web interface (“webmail”) provided to you as part of the e-mail service. SMT acknowledges that from time to time legitimate e-mail messages that are not SPAM may be flagged by the Service and placed in your Greymail e-mailbox. As such, you are highly encouraged to review the content of your Greymail e-mailbox on an interval more frequent than thirty (30) days. SMTC is not responsible for e-mail that is lost or deleted as a result of being flagged and placed in your Greymail account and not retrieved. You understand that it is strictly your responsibility to check the contents of your Greymail e-mailbox in a timely manner. SMT is not responsible or liable for consequent actions arising from the deletion of legitimate e-mail placed in your Greymail e-mailbox and not retrieved.
3. LIMITATION OF LIABILITY AND REMEDIES
3.1 Communications from SMT, its’ parent, subsidiary organizations, or other likewise linked entities are not considered SPAM. All communications from SMTC to its customers are exempt from SPAM filtering.
3.2 THE SERVICE PROVIDED BY THE ANTI-SPAM / ANTI-VIRUS PROTECTION SERVICE AND ITS LICENSORS IS PROVIDED ON A “BEST EFFORT”, “AS IS,” “WITH ALL FAULTS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR FREE OR UNINTERRUPTED SERVICE.
3.3 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT,SMTC, ITS THIRD PARTY LICENSORS AND THIRD PARTY PROVIDERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, THOSE ARISING FROM THE COURSE OF DEALING, COURSE OF TRADE, OR THOSE ARISING UNDER STATUTE.
3.4 IN NO EVENT SHALL SMTC, ITS THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE THE ANTI-SPAM / ANTI-VIRUS PROTECTION SERVICE.
3.5 SMTC, ITS THIRD PARTY LICENSORS AND THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ON ANY CLAIM THAT YOUR ACCESS OR USE OF THE SERVICE PROVIDED UNDER THIS AGREEMENT INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
4. GENERAL PROVISIONS
4.1 The remedies expressly set forth in SMT Anti-spam / Anti-virus Protection Terms and Conditions are your sole and exclusive remedies under this Attachment.
Southern Montana Telephone - P.O. Box 205 - Wisdom - MT - 59761