Acceptable Use Policy (AUP)
This Acceptable Use Policy applies to
all persons and entities (collectively, "customers") using the products
and services of Turn Wireless, LLC ("Turn") including Internet service.
The policy is designed to protect the security, integrity, reliability,
and privacy of both the Turn network and the products and services Turn
offers to its customers. Turn reserves the right to modify this policy
at any time, effective immediately upon posting of the modification.
Your use of Turn products and services constitutes your acceptance of
the Acceptable Use Policy in effect at the time of your use. You are
solely responsible for any and all acts and omissions that occur during
or relating to your use of the service, and you agree not to engage in
any unacceptable use of the service.
What is Prohibited ?
Unacceptable use includes, but
is not limited to, any of the following:
1. Posting, transmission, re-transmission, or storing material on or
through any of Turn's products or services, if in the sole judgment of
Turn 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.
2. Installation or distribution of "pirated" or other software products
that are not appropriately licensed for use by customer.
3. Resale of Turn products and services without the express prior
written consent of Turn (unless you are an authorized wholesaler).
4. Deceptive marketing practices.
5. Actions that restrict or inhibit anyone - whether a customer of Turn
or otherwise - in his or her use or enjoyment of Turn'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.
6. Introduction of malicious programs into the Turn network or servers
or other products and services of Turn (e.g., viruses, trojan horses and
worms).
7. Causing or attempting to cause security breaches or disruptions of
Internet communications. Examples of security breaches include but are
not limited to accessing data of which the customer is not an intended
recipient, or logging into a server or account that the customer is not
expressly authorized to access. Examples of disruptions include but are
not limited to port scans, flood pings, packet spoofing and forged
routing information.
8. Executing any form of network monitoring that will intercept data not
intended for the customer.
9. Circumventing user authentication or security of any host, network or
account.
10. Interfering with or denying service to any user other than the
customer's host (e.g., denial of service attack).
11. Using any program/script/command, or sending messages of any kind,
designed to interfere with, or to disable a user's terminal session.
12. Failing to comply with Turn's procedures relating to the activities
of customers on Turn-owned facilities.
13. 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 Turn's
products or services.
14. 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.
15. Harassment, whether through language, frequency, or size of
messages.
16. Unauthorized use or forging of mail header information.
17. 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.
18. Creating or forwarding "chain letters" or other "pyramid schemes" of
any type.
19. Use of unsolicited E-mail originating from within the Turn network
or networks of other Internet Service Providers on behalf of or to
advertise any service hosted by Turn or connected via the Turn network.
20. 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.
No failure or delay in exercising or enforcing this policy shall
constitute a waiver of the policy or of any other right or remedy. If
any provision of this policy is deemed unenforceable due to law or
change in law, such a provision shall be disregarded and the balance of
the policy shall remain in effect.
Abusable Resources
Upon notification of the
existence of an abusable resource (e.g., open news server, unsecured
mail relay, or smurf amplifier), the customer shall immediately take all
necessary steps to avoid any further abuse of such resource. Any abuse
of an open resource that occurs after the customer has received such
notification shall be considered a violation of this policy and enforced
as such.
Enforcement
Turn may immediately suspend
and/or terminate the customer's service for violation of any provision
of this policy upon verbal or written notice, which notice may be
provided by voicemail or E-mail. Prior to suspension or termination,
Turn attempts to work with our customers to cure violations of this
policy and ensure that there is no re-occurrence; however, Turn reserves
the right to suspend or terminate based on a first offense.
Electronic Communications Privacy Act Notice
Turn makes no guarantee of
confidentiality or privacy of any information transmitted through or
stored upon Turn technology, and makes no guarantee that any other
entity or group of users will be included or excluded from Turn's
network. In addition, Turn may periodically monitor transmissions over
its network for maintenance, service quality assurance or any other
purpose permitted by the Electronic Communications Privacy Act, P.L. No.
99-508, as amended.
Questions ?
If you are unsure of whether any contemplated use or action is
permitted, please contact Turn at abuse@turnwireless.com or (805)
620-3100 or (888) 566-TURN.
