Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to all persons and entities (collectively, “Customers”) using the products and services of Dual Path LLC including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Dual Path network and the products and services Dual Path offers to its Customers. By using Dual Path’s products and services, you agree to comply with this AUP. Dual Path reserves the right to change or modify the terms of the AUP at any time. Your use of Dual Path’s products and services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Dual Path prohibits use of its products and services in any manner that is unlawful, harmful to or interferes with its network or systems, or the network of any ISP, infringes or offensive material, a security risk or violation of property. Such unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of Dual Path’s products or services, if in the sole judgment of Dual Path 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.
- Actions that restrict or inhibit anyone – whether a customer of Dual Path or otherwise – in his or her use or enjoyment of Dual Path’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.
- Knowingly uploading or distributing files that contain malicious programs into the Dual Path network or servers or other products and services of Dual Path such as viruses, trojan horses, worms that contain time bombs, cancel bots, spyware or any other similar software that may damage the operation of another’s computer, network system or be used to engage in modem of system hijacking.
- Causing or attempting to cause security breaches or disruptions of Internet communications.
- Executing any form of network monitoring aimed at unauthorized interception of data or harvesting of email addresses.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Failing to comply with Dual Path’s procedures relating to the activities of customers on Dual Path-owned facilities.
- 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 Dual Path’s products or services.
- 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.
- Harassment, whether through language, frequency, size or otherwise.
- Using products and services to publish, host, transmit, upload/download, distribute or store child pornography.
- Unauthorized use or forging of mail header information.
- 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.
- Engaging in the transmission of pirated software.
- Use of unsolicited E-mail originating from within the Dual Path network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Dual Path or connected via the Dual Path network.
- 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.
- Using, distributing, advertising, transmitting or otherwise making available any software program, product, or service designed to violate this AUP or the AUP of any ISP, including, but not limited to, the facilitation of the means to spam.
Enforcement of Dual Path AUP
Customer’s failure to observe the guidelines set forth in this AUP may result in Dual Path taking actions anywhere from a warning to a suspension or termination of Customer’s services. When feasible, Dual Path may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.
Dual Path reserves the right, however, to act immediately and without notice to suspend or terminate affected services in response to a court order or government notice that certain conduct must be stopped or when Dual Path reasonably determines, that the conduct may: (1) expose Dual Path to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Dual Path’s network or networks with which Dual Path is interconnected, (3) interfere with another Dual Path Customer’s use of services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Dual Path or Dual Path Customers.
Dual Path has no obligation to monitor content of any materials distributed or accessed using the services or Internet. However, Dual Path may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Dual Path network and its Customers.
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the services. Dual Path has no responsibility for any material created on the Dual Path’s network or accessible using services. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
This service agreement is non-assignable without the express written consent of Dual Path.
Dual Path shall not be liable for any failure, interruption or diminution of service in the event that such failure, interruption or diminution is caused by or due to causes beyond its control, including, but not limited to, acts of God; fire, earthquake, flood, water, the elements or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties; utility curtailments, power failures, explosions; insurrections, riots, wars or civil disturbances; any law, order, regulation, or requests of any government or of any civil or military authority; national emergencies; shortages or failure of equipment or supplies, including cable, fiber, switching and other network equipment of third parties; unavailability of transportation; acts or omissions of third parties; or any other cause beyond Dual Path’s reasonable control.
Dual Path Makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or noninfringement usage of trade, course of dealing or course of performance or any warranty that the service or the equipment will meet customer’s requirements. The Service and the Equipment are provided to you on an “as is” basis. The Service is not fail-safe and may be disrupted. The service is not designed or intended for use in situations in which an error or interruption could lead to injury to business, persons, property or the environment. Without limiting the foregoing, Dual Path does not warrant that the service will be without failure, delay, interruption, error, degradation of quality, or loss of content, data or information. Neither Dual Path nor its officers, directors, employees, contractors or any other service provider who furnishes services or products to customer in connection with these Terms & Conditions or the Service will be liable for unauthorized access to facilities, premises or equipment or for unauthorized access to, or alteration, theft or destruction of customer’s data or information regardless of whether such damage occurs as a result of negligence by Dual Path, its contractors or service providers. Statements and descriptions concerning the Service or Equipment, if any, by Dual Path or by Dual Path’s authorized representatives are informational and are not given as a warranty of any kind.
Limitation of Liability
IN NO EVENT SHALL DUAL PATH BE LIABLE TO CUSTOMER OR TO ANY USER OF CUSTOMER’S SERVICE FOR LOSS OF PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE RELATIONSHIP OR THE CONDUCT OF BUSINESS UNDER THE AGREEMENT, EVEN IF DUAL PATH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, DUAL PATH SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM OTHERS ACCESSING CUSTOMER’S COMPUTERS AND EQUIPMENT, SECURITY BREACHES, VIRUSES, EASVESDROPPING, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES, OR ANY USE OF THE EQUIPMENT OR SERVICES OF DUAL PATH THAT INFRINGES UPON ANY PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR INTELLECTUAL PROPERTY OR CONTRACTUAL OR OTHER RIGHTS OF ONE OR MORE THIRD PARTIES. It is expressly understood that Dual Path shall have no liability for any damage to you or any other person claimed to have resulted from your use of the Service(s).