Axia Technology Partners LLC – AUP
This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using the products and services of Axia Technology Partners LLC, (“AxiaTP”) including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the AxiaTP network and the products and services AxiaTP offers to its customers. AxiaTP reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of AxiaTP’s products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
1. Posting, transmission, re-transmission, or storing material on or through any of AxiaTP’s products or services, if in the sole judgment of AxiaTP such posting, transmission, re-transmission 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. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
2. Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.
3. Resale of AxiaTP’s products and services without the express prior written consent of AxiaTP (unless you are an authorized wholesaler or partner).
4. Deceptive marketing practices.
5. Actions that restrict or inhibit anyone – whether a customer of AxiaTP or otherwise – in his or her use or enjoyment of AxiaTP’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
6. Introduction of malicious programs into the AxiaTP network or servers or other products and services of AxiaTP (e.g., viruses, trojan horses and worms).
7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
8. Executing any form of network monitoring that will intercept data not intended for the customer.
9. Circumventing user authentication or security of any host, network or account.
10. Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
11. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
12. Failing to comply with AxiaTP’s procedures relating to the activities of customers on AxiaTP-owned facilities.
13. 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 AxiaTP’s products or services.
14. Sending unsolicited mail messages, including the sending of “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 (e.g., E-mail “spam”); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
15. Harassment, whether through language, frequency, or size of messages.
16. Unauthorized use or forging of mail header information.
17. 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.
18. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
19. Use of unsolicited E-mail originating from within the AxiaTP network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by AxiaTP or connected via the AxiaTP network.
20. 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.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier) the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.
Axia may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy. Notice will be provided by phone, voicemail, E-mail,memo, or a written liability notification. Prior to suspension or termination, AxiaTP attempts to work with customers to cure violations of this policy and ensure that there is no re-occurrence; however, AxiaTP reserves the right to suspend or terminate based on a first offense. Additionally, AxiaTP reserves the right to charge any customer involved in a AUP (Acceptable Use Policy) violation for any expenses incurred as a result of the breach. This includes but is not limited to: bandwidth utilization overage charges, phone usage charges, server – router – switch damages, network gear damages, etc.
Electronic Communications Privacy Act Notice
AxiaTP makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon AxiaTP technology, and makes no guarantee that any other entity or group of users will be included or excluded from AxiaTP’s network. In addition, AxiaTP may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended
If you are unsure of whether any contemplated use or action is permitted, please contact AxiaTP Technical Support at [email protected] or 317-489-5544 ext. 3.
Axia Technology Partners is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Axia Technology Partners Web site and governs data collection and usage. By using the Axia Technology Partners website, you consent to the data practices described in this statement.
Collection of your Personal Information
Axia Technology Partners collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Axia Technology Partners also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by Axia Technology Partners. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Axia Technology Partners for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Axia Technology Partners Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Axia Technology Partners public message boards, this information may be collected and used by others. Note: Axia Technology Partners does not read any of your private online communications.
Axia Technology Partners encourages you to review the privacy statements of Web sites you choose to link to from Axia Technology Partners so that you can understand how those Web sites collect, use and share your information. Axia Technology Partners is not responsible for the privacy statements or other content on Web sites outside of the Axia Technology Partners and Axia Technology Partners family of Web sites.
Use of your Personal Information
Axia Technology Partners collects and uses your personal information to operate the Axia Technology Partners Web site and deliver the services you have requested. Axia Technology Partners also uses your personally identifiable information to inform you of other products or services available from Axia Technology Partners and its affiliates. Axia Technology Partners may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Axia Technology Partners does not sell, rent or lease its customer lists to third parties. Axia Technology Partners may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Axia Technology Partners may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Axia Technology Partners, and they are required to maintain the confidentiality of your information.
Axia Technology Partners does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Axia Technology Partners keeps track of the Web sites and pages our customers visit within Axia Technology Partners, in order to determine what Axia Technology Partners services are the most popular. This data is used to deliver customized content and advertising within Axia Technology Partners to customers whose behavior indicates that they are interested in a particular subject area.
Axia Technology Partners Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Axia Technology Partners or the site; (b) protect and defend the rights or property of Axia Technology Partners; and, (c) act under exigent circumstances to protect the personal safety of users of Axia Technology Partners, or the public.
The Axia Technology Partners Web site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Axia Technology Partners pages, or register with Axia Technology Partners site or services, a cookie helps Axia Technology Partners to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Axia Technology Partners Web site, the information you previously provided can be retrieved, so you can easily use the Axia Technology Partners features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Axia Technology Partners services or Web sites you visit.
Security of your Personal Information
Axia Technology Partners secures your personal information from unauthorized access, use or disclosure. Axia Technology Partners secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Axia Technology Partners will occasionally update this Statement of Privacy to reflect company and customer feedback. Axia Technology Partners encourages you to periodically review this Statement to be informed of how Axia Technology Partners is protecting your information.
Axia Technology Partners welcomes your comments regarding this Statement of Privacy. If you believe that Axia Technology Partners has not adhered to this Statement, please contact Axia Technology Partners at [email protected] We will use commercially reasonable efforts to promptly determine and remedy the problem.