AUP

Appendix A: Acceptable Use Policy (AUP)

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8th Fire Communications (“Company”) has established an Acceptable Use Policy (“AUP”) for the protection of Company and its customers for the use of its products and services. Company can be contacted at 715-388- 0878 regarding any questions you have about this AUP, Company, or its products and services. By using services provided by Company, you agree to be bound by the terms of this AUP.

It is not acceptable to use the Company network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services.

Internet Service. This AUP applies to customer use of any Company Internet service regardless of technology or the Internet-based application utilized. A customer may not:

  1. Use any Internet service or use or permit the use of Internet service for unlawful purposes or purposes that Company believes to be unacceptable.
  2. Use any Internet service to transmit, post or receive material that is threatening, abusive, libelous, defamatory, obscene, pornographic, or otherwise in violation of any local, state, federal or international law or regulation.
  3. Transmit any information or software that contains a virus, worm, Trojan Horse, or other harmful component.
  4. Transmit or download any information, software or other material that is protected by copyright or other proprietary right without the permission of the person owning that protected right.
  5. Transmit SPAM or other bulk email.
  6. Add, remove, or modify identifying network heading information (aka “spoofing”) to deceive or mislead; or any impersonation of another person using forged headers or other improper identifying information.
  7. Engage in any activity which would compromise customer privacy or system security or gain access to any system or data without required permission (e.g. “hacking”) of the owner.
  8. Engage in any activity which would result in third-party charges to Company or legal or disciplinary actions taken against Company.
  9. Resell or otherwise share Company’s Internet service, account information or passwords.
  10. Attempt to obtain unauthorized access to any network or account. This includes accessing data not intended for end user customers, logging into a server or account without being expressly authorized to access or probing the security of other networks.
  11. Attempt to interfere with the service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service and attempts to “crash” any host.
  12. Distribute Company Internet services beyond the scope of your end-user account.
  13. Attach equipment, accessory, apparatus, circuit or devices that are harmful to the network and are attached to or connected with Company facilities.
  14. Use Company’s Internet service for web or email hosting without making special written subscription arrangements with Company.
  15. Operating a business (including a home-based business, a non-profit business, governmental or any other enterprise) under a residential service account.

Company does not screen in advance any specific content accessible using its Internet service. Company disclaims any liability for any act or omission with regard to Internet content the customer finds objectionable or unsuitable. Use of information accessed by the Internet is at customer’s own risk. Company disclaims any responsibility for the accuracy, privacy or quality of the information. By using the Internet service, the customer agrees to hold Company harmless for content accessed using the Internet service.

Any IP address assigned to a customer on either a dynamic or static basis remains the property of Company and may not be appropriated for any use other than as intended by Company or transferred to any other party.

Voice Service. Prohibited Uses. This AUP applies to customer use of any Company voice service. Prohibited uses of voice service include, but are not limited to:

  1. Undertake, plan, encourage, assist, or accomplish any unlawful, deceptive, or fraudulent activity or purpose. This includes, but is not limited to conduct which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or international law, order, or regulation;
  2. Use of auto-dialers or predictive-dialing to dial sequentially, including rapid dialing or data pumping for the purpose of generating revenue directly or indirectly;
  3. Violating any of the federal, state, or local telemarketing regulations including but not limited to the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rules (“TSR”), the Junk Fax Prevention Act of 2005, and Truth in Caller ID Act of 2009;
  4. Sending unsolicited calls, messaging, e-mailings (including, without limitation, commercial advertising and informational announcements) if such unsolicited activities could reasonably be expected to or do in fact provoke complaints;
  5. Any form of Robo calling as defined by the Federal Trade Commission’s Telephone Sales rule (TSR) that are unlawful;
  6. Any unlawful form of calling utilizing pre-recorded audio or non-live-human communications;
  7. Continuous or extensive chat line or conference call participation;
  8. Use of an open telephone line as a monitoring, intercom, or similar service;
  9. Failing to monitor outbound call campaigns to minimize complaints which may be generated by repetitive and/or continuous messaging or calling to the same destination or number within a short period of time.
  10. Using Services to record or monitor a phone call or other communication without securing consent from the call participants as required by applicable federal and state laws (including, as applicable, California’s Invasion of Privacy Act and similar laws);
  11. Extensive call forwarding or use of call forwarding or conferencing features to act as a bridge to chat lines or other conferencing facility;
  12. Operating a business (including a home-based business, a non-profit business, governmental or any other enterprise) under a residential service account;
  13. Operating a call center or conference line;
  14. Transmissions or reception of broadcasts over teleconferencing facilities or other means;
  15. Transmissions or reception of recorded material; 16. Any relevant prohibited uses in our company’s Acceptable Use Policy (AUP), Services Agreement, and any other Terms and Conditions of our company’s services.

Indemnification. The customer indemnifies and thereby holds the Company harmless against all claims of liability, all costs and expenses such as attorney’s reasonable fees as well as any related expert witness fess relating to or arising from your use of this Service (or anyone you allow to use this Service). This indemnification applies if you or anyone you allow to use the Service:

  1. In violation of applicable laws and/or this Agreement;
  2. To access the Internet or to transmit or post any message, information, software, images or other materials via the Internet;
  3. In any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or
  4. To infringe on anyone’s intellectual property rights.