Acceptable Use Policy (AUP)
THIS ACCEPTABLE USE POLICY (AUP) SETS OUT ACCEPTABLE AND UNACCEPTABLE
USES OF HYPERCONNECTION, INC.'S (HYPERCON) NETWORK SERVICES. READ
THIS AUP CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING
YOUR RIGHTS AND OURS. THIS AUP INCORPORATES THE TERMS AND CONDITIONS
OF OUR TERMS OF SERVICE (TOS) BY REFERENCE. IF YOU DO NOT AGREE
TO THIS AUP OR OUR TOS, YOU MAY NOT USE ANY OF THE NETWORK SERVICES
AND YOU MUST TERMINATE YOUR ACCOUNT IMMEDIATELY IN ACCORDANCE
WITH OUR TERMS OF SERVICE AGREEMENT (TOS)
1. Scope of this AUP & Your Agreement
The purpose of this AUP is to protect and maintain the integrity
of our network while maximizing the benefits and services available
to our users. While this AUP is intended to delineate specific
acceptable and non-acceptable uses of our network it is not all
inclusive. We reserve the right to determine the acceptability
of any use not specifically addressed in this AUP. You affirm
and agree that you will not use any of our services in a manner
that violates the letter or spirit of this AUP. If you are unsure
whether a particular action violates this AUP, please contact
a Hypercon representative.
2. Prohibited or Unlawful Activity
Any activity that is prohibited by any applicable local, state,
federal, or international law or regulation shall constitute a
violation of this AUP.
Any activity that may or does constitute an infringement on another's
copyright, trademark, tradename, tradedress, patent or other intellectual
property shall constitute a violation of this AUP.
4. Spamming Prohibited
Spamming of any type is a violation of this AUP. Spamming includes
but is not limited to the sending of unsolicited bulk and/or commercial
messages over the Internet using our network (whether by email,
newsgroup posting or otherwise including assisting others through
the use of our network) or collecting responses from such messages.
We reserve the right to determine in our sole discretion whether
any message or posting constitutes a violation of this provision.
5. Privacy Policies & Unauthorized Data Collection
Gathering information including e-mail addresses about other
users or visitors to our network without their consent is a violation
of this AUP. All web sites residing on our network which collect
with specificity the type of data collected and the uses of same.
6. Dial up Connections
Maintaining a dial up connection by artificial means for the
purpose of keeping the connection open while unattended, routing
any dial up connection to more than one computer, operating a
server of any type using a dial up connection for access to our
network or connecting by dial up multiple times simultaneously
with the same account without paying for concurrent service is
a violation of this AUP. A dial up connection has "unlimited"
accesses in regards to an account being able connect as often
as deemed necessary, however, maintaining a connection for longer
than twenty-four (24) consecutive hours is considered abusive
and a violation of this AUP.
7. Dial Up Hosting
As a convenience and added benefit to our dial up customers we
provide web site storage and hosting on a limited basis with our
dial up account. Upload of large files, whether intended for storage
or subsequent download, are prohibited by this AUP. We reserve
the right to limit the consumption of bandwidth by any site for
any reason. These provisions govern only hosting services provided
in conjunction with our dial up accounts. See our Hosting AUP for
8. Resale Prohibited
Resale of any service we offer or access to our network in any
manner without our prior written authorization is a violation
of this AUP.
9. Compliance with Upstream Provider Policies
In addition to this AUP, you are subject to the provisions of
any AUP or other applicable policy of UUNET/Worldcom. See http://www.uunet.com
for more information.
10. Unauthorized Network Access and Network Abuse
Access to any part of our network not directly available through
the provided account mechanisms constitutes unauthorized network
access and is a violation of this AUP. Unauthorized access includes
but is not limited to attempts to bypass or circumvent any firewall
or restricted gateway or other protected access point for which
the user is not authorized for such access. Any activity that
would or could affect the operation, stability or integrity of
our network including but not limited to the implementation or
assistance in denial of service attacks, insertion of viruses,
trojan horses or other malicious code constitutes network abuse
and is a violation of this AUP.
11. Right to Suspend or Terminate Services; Limitation of Liability
We reserve the right to suspend or terminate, at our sole discretion,
access to any service for violations of any provision of this
AUP. You agree that if your service is terminated for any reason,
we have the right to immediately delete all data, files, and other
information stored in or for your account without further notice
to you. In the event of such suspension or termination, you agree
that our liability is limited to the then existing price for one
month of dial up service.
12. Governing Law, Jurisdiction and Venue
This AUP shall be governed exclusively by the laws of the State
of Texas. You consent to personal jurisdiction in the State of
Texas and agree that venue for all purposes shall be exclusively
in Harris County, Texas.
13. Changes to this AUP
We reserve the right to change or modify any term or provision
of this AUP at any time by posting such change or modification
to our web site.
14. NOT RESPONSIBLE FOR TOLL, LONG DISTANCE OR OTHER CHARGES
We are not responsible for any toll,long distance or other charges you may incur when dialing in to our services. Because phone services may vary, we cannot verify that any given dial up number you may select for access to our services is a local call for you. It is up to you to verify with your phone service provider the charges, if any, associated with any given dial up number.
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