This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Service Agreement with Northern Network Concepts / Fallsnet (“Fallsnet”). If you engage in any of the activities prohibited by this AUP document Fallsnet may suspend or terminate your account or assess a fee to your account.
Fallsnet's Acceptable Use Policy (the "Policy") for Fallsnet Services is designed to help protect Fallsnet, Fallsnet's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Fallsnet. Fallsnet reserves the right to modify the Policy at any time, effective upon posting at http://www.fallsnet.com/policy. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions. Any failure to enforce any provision in this Policy will not be construed as a waiver of any provision or right.
Prohibited Uses of Fallsnet Systems and Services:
1. Fallsnet Internet Service may only be used for lawful purposes.
2. Services provided by Fallsnet are intended for normal residential and commercial use such as web browsing, e-mail, legally accessing media, etc. They are not to be resold or redistributed to others whether for profit or for free.
3. Transmission, distribution or storage of any material in violation of any applicable law, regulation, policy or rule is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
4. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Fallsnet's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Fallsnet's servers, is prohibited. Fallsnet accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
5. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Fallsnet customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Fallsnet-hosted domain, or referencing any Fallsnet account, is prohibited.
6. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
7. Unauthorized attempts by a user to gain access to any network, account or computer resource not belonging to that user (e.g., "cracking/hacking").
8. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
9. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Fallsnet customers or end-users by any means or device.
10. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Fallsnet network or on another provider's network.
11. Using Fallsnet's Services to interfere with the use of the Fallsnet network by other customers or authorized users or other activities harmful to normal network operation.
12. Knowingly or unknowingly distributing malicious software (e.g., “Viruses/Malware”).
Violations of the Acceptable Use Policy:
If violations of the Fallsnet Acceptable Use Policy occur, Fallsnet reserves the right to, at Fallsnet’s sole discretion, without notice:
1. Impose Service Fees
2. Impose Service restrictions
3. Suspend the Service
4. Terminate the Service
5. Take other actions to stop the offending customer from violation the Policy as Fallsnet deems appropriate
6. Any Fees, Penalties or Costs charged to Fallsnet that are the direct result of violations of this Policy will be imposed on the Customer
Customer Responsibility for Customer's Users
Each Fallsnet customer is responsible for the activities of its users and, by accepting service from Fallsnet, is agreeing to ensure that its end-users abide by this Policy.
All claims and disputes arising under or relating to this Agreement or your Fallsnet Service that are not resolved with direct negotiation with Fallsnet are to be settled by binding arbitration in the state of Minnesota or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.