This Acceptable Use Policy (AUP) defines acceptable practices for the use of West IP Communications' (West IPC) Internet Services, for this document defined as (the “Internet Service”). These practices are necessary as use of these Internet Services may expose providers of Internet Services, such as West IPC, to claims of civil or criminal liability or other legal sanctions. Inappropriate activities may also disrupt or degrade West IPC's IP related Internet Services. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair West IPC´s ability to interconnect with other IP related Internet Service Providers.
“West IPC” means West IP Communications and all of its affiliates (including direct and indirect subsidiaries. “The West IPC Network” includes, without limitation, leased transmission network, including all equipment, systems, facilities, Internet Services and products incorporated or used in such transmission network as well as all equipment directly or indirectly attached thereto.
This AUP relates to the content of the data and or messages transmitted by Customers or Users over or through The West IPC Network. By using the Internet Service, you acknowledge that you and your users (“Users”) have gained access to the Internet Service through your connection with The West IPC Network and are responsible for compliance with this AUP. You are responsible for violations of this AUP by any User that accesses the Internet Services through your account. West IPC has adopted this AUP in an attempt to balance interference or risk of harm arising from its Customers´ use of West IPC´s Internet Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
It is not West IPC´s intent to control or monitor your online use or the content of your online communications. However, West IPC will respond to complaints including those from governmental authorities, affected parties and other Internet Service Providers, we may therefore block content that West IPC deems in its commercially reasonable judgment to be in violation of this AUP or that it otherwise deems unlawful, harmful or offensive. This AUP applies to all aspects of the Internet Service.
This AUP is designed to assist in protecting The West IPC Network, the Internet Service, and our Users generally and the Internet community as a whole from improper and/or illegal activity over the Internet. In situations where data communications are carried across the networks of other Internet Service providers (ISPs), Users of The West IPC Network must also conform to the applicable acceptable use policies of such other ISPs.
Rights of West IPC
Suspension or Termination of Internet Service
If Users engage in conduct while using the Internet Service that violates this AUP, or is otherwise illegal or improper, West IPC reserves the right to suspend and/or terminate the Internet Service or the User's access to the Internet Service. West IPC will generally attempt to notify you of any activity in violation of the AUP and request that the User cease such activity; however, in cases where the safe or continued operation of The West IPC Network is threatened or cases involving illegal content, mail relaying, alteration of your source IP address information, denial of Internet Service attacks, or other illegal activities, associated with the use of your Internet Service, we reserve the right to suspend or terminate your Internet Service or the User's access to the Internet Service without prior notification. In addition, we may take any other appropriate action against a User for violations of the AUP as we deem appropriate in our commercially reasonable judgment. West IPC reserves the right to avail itself to the safe harbor provisions of the Digital Millennium Copyright Act. We do not make any promise, nor do we have any obligation, to monitor or police activity either inbound or outbound occurring using the Internet Service and will have no liability to any party, including you or any third party, for any violation of the AUP.
The AUP applies to all Customers and Users of West IPC´s Internet Services. If a Customer violates the AUP or permits its Users to do so, West IPC may, depending on the nature and severity of the violation, suspend or terminate Internet Service. If a User (other than a Customer) violates the AUP, West IPC may suspend Internet Service for so long as necessary for steps to be taken which, in West IPC's commercially reasonable judgment, will prevent the violation from continuing or reoccurring.
Cooperation with Investigations
West IPC will cooperate with all appropriate law enforcement agencies and other parties involved in investigating any claims of illegal or inappropriate activity involving use of The West IPC Network or the Internet Services. West IPC reserves the right to disclose Customer information to the extent authorized by federal or state law or a court of competent jurisdiction. In those instances involving child pornography, West IPC complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
Modifications to this AUP
West IPC reserves the right to modify this AUP at any time without advance notice. Changes to this AUP will be posted to this web site.
The Internet Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Internet Services shall in all cases be used in compliance with applicable law. Use of the Internet 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 the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
West IPC´s Internet Service shall not be used to transmit, re–transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of West IPC or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. While West IPC reserves the right to restrict any actions alleged to violate the intellectual property rights of another party, it is not within West IPC´s AUP to decide whether claimed infringements are valid or not. Thus, while Customers consent to West IPC´s right to suspend Internet Service if Customer is alleged to be violating another´s rights, West IPC may also permit the continuing activity of its Customer despite allegations of an infringement where Customer in writing (1) fully assumes responsibility for its activity and (2) agrees to fully indemnify West IPC for all damages, claims, expenses and attorneys fees as a result of the alleged infringement. Should West IPC choose to permit the continued activity of its Customer at Customer's request, West IPC may require a bond securing it for the full amount of potential indemnification, which amount shall be determined in West IPC's reasonable judgment.
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of The West IPC Network. A User may not use the Internet Service to engage in any activities that may interfere with the ability of others to access or use the Internet Service or the Internet. A User may not use the Internet Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
A User may not attempt to send e–mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a user’s identity in connection with use of the Internet Service is prohibited.
The following activities are also prohibited:
- Any activity that disrupts degrades harms or threatens to harm The West IPC Network or the Internet Service.
- Any use of another party´s electronic mail server to relay email without express permission from such other party is prohibited.
- Any other inappropriate activity or abuse of the Internet Service (as determined by West IPC in our commercially reasonable discretion), whether or not specifically listed in this AUP, may result in suspension or termination of the User’s access to or use of the Internet Service.
- West IPC Internet Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of West IPC´s or another´s server, network, personal computer, network access or control devices, software or data, or other system.
Users shall not use The West IPC Network and Internet Services to transmit or distribute material containing fraudulent offers for goods or Internet Services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Examples of Security Violations 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;
- 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 (except in the case of authorized legitimate network security operations);
- 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);
- 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 distributing viruses, worms, trojan horses or other harmful software.
Responsibilities of Customers
Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify West IPC of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this AUP by any person, including Users that have accessed the Internet Service through your account, you are required to notify us.
Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include but are not limited to improperly securing a mail server so that it may be used by others to distribute Spam and improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.
Impending Security Event Notification
All Users of The West IPC Network are responsible for notifying West IPC immediately if they become aware of an impending event that may negatively affect The West IPC Network. This includes extortion threats that involve threat of “denial of Internet Service” attacks, unauthorized access, or other security events.
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. For that reason West IPC recommends encrypting confidential information when it is sent over the Internet. While this method is not perfect, it does help with security. Additionally, West IPC does not use the Internet for the transmission of its voice traffic due to the insecure nature of the Internet. We make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits or receives via the Internet Service or over the Internet, including any data or information transmitted via any server designated as “secure”. Additional Terms and Conditions
The use of the West IPC Network by a customer of West IPC is subject to the terms and conditions of any agreements entered into by such Customer and West IPC . This AUP is incorporated into such agreements by reference.
Complaints and Contact Information
Any complaints regarding prohibited use or other abuse of The West IPC Network, including violations of this AUP, should be sent to West IPC at [email protected] . Please include all applicable information that will assist West IPC in investigating the complaint, including all applicable headers of forwarded messages.
Sites experiencing live attacks from West IPC customers should call into our Customer Care Center (telephone 502.315.5150) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to West IPC at 502.315.5150