(These terms apply as applicable to our customers, affiliates and partners.)
All traffic is subject to monitoring (which means we will monitor where traffic is coming or going to, at what rate, etc. not the contents of the actual packets unless we see malicious activity, such as hacking, etc.). Suspicious traffic/activity will be logged and reported to the proper authorities.
Air-Internet is committed to serving its customers and preserving
the integrity of the internet by following widely accepted guidelines of internet
communication. We are available to assist you in any way possible should you
need advice about proper use of internet resources or should you become the
target of abuse via the internet.
We deal with two different types of abuse:
Abuse ON the net - refers to actions
that would violate the laws, norms, customs or manners independent of the
medium chosen to carry out the action. Acts which are considered abusive if
carried out via paper mail, telephone, personal contact, FAX, etc., fall into
this category.
Abuse ON the net is mainly concerned with the content
and/or intent of communication. Examples include fraud, assault, harassment,
stalking, forgery, obscene communication, child pornography and unlawful distribution
of intellectual property.
Abuse OF the net - refers to actions, which interfere with the
normal functionality of the network. Examples include:
1. Excessive multi-posting or cross-posting of USENET
articles, ("spam" and "velveeta"), Unsolicited Broadcast
Email (UBE),
2. Mailbombing,
3. Denial-of-service or security related attacks.
4. Attacks against other systems and networks.
Some of these activities may be actionable under criminal and civil statutes.
General Guidelines for all Abuse matters
Innocent Until Proven Guilty
Experience shows that a significant percentage of abuse reports either are erroneous or are intended to harm the alleged perpetrator. Administrative or disciplinary action will not be initiated without evidence, which unambiguously identifies the account responsible for the alleged abuse.
Customer Privacy is Paramount
Information about customers of Air-Internet
will not be released, except to duly authorized officers of the Court who
present the proper legal documents to the CEO or COO of Air-Internet.
INFORMATION CONCERNING ACCOUNTS INVOLVED IN ALLEGED
OFFENSES WILL NOT BE RELEASED TO THE COMPLAINTANT OR TO THE PRESS.
Guidelines for Abuse ON the Net
In general, we cannot concern ourselves
with the contents of our customer's communications. It is illegal for us to
do so. When abusive content is brought to our attention, we will:
1. Cooperate as necessary with law enforcement authorities
within the appropriate legal boundaries
2. Dispose of the matter in accordance with the Air-Internet
acceptable Use Policy and any additional constraints imposed by legal requirements
Guidelines for Abuse OF the Net Air-Internet as a commercial enterprise.
Our customers pay us for services rendered. To provide
those services, Air-Internet establishes and maintains as a significant investment
in people, equipment and software. We are obligated to maintain our systems
to meet the standards set by our customers, our investors and the global Internet
community.
Attacks
Accounts being used to carry out attacks, (mailbombs, network transport attacks, newsgroup flooding) will be closed immediately upon authorization by a designated member of the staff of Air-Internet. If compelling evidence suggests that the security of the account was compromised and that the attack was not carried out by the holder of the account then at the discretion of Air-Internet, the account may be reinstated with a different username/password.
UBE
A single, substantiated complaint of
email broadcasting will result in the suspension of the account determined
to be responsible for the email.
First Offense - 1. The customer will be contacted
and the reasons for the UBE policy will be explained.
2. The customer will be asked to abide by this policy.
At the direction of Air-Internet, a customer's account may be reactivated following the customer contact and the customer's agreement to abide by the UBE policy. In the event that a customer does not agree to abide by the UBE policy, the account will be permanently closed.
Subsequent Offenses - The account will be permanently closed without notification. If the account is prepaid, the balance may be forfeited to compensate Air-Internet for costs related to the incident.
Should you find yourself receiving unsolicited email, you may redirect the mail, along with all headers, to: abuse@air-internet.com
We will contact the provider of the sender's account. You may
also contact that provider by sending email to: Postmaster@providers.name
Example: postmaster@air-internet.com (insert provider domain name)
Web Site Contents
The customer is responsible for the contents of the web pages they host with Air-Internet, Inc. It is their responsibility to ensure that they do not violate US law and that copyrighted material is used with the permission of the copyright holder.
Data stored on Air-Internet, Inc. Servers
Data stored on our servers is not guaranteed to be backed up (unless otherwise specified). It is the customers responsiblity to ensure that they have backups of important data.
Detrimentlal Customer Traffic
If a customer is generating traffic that is detrimental to access and affects other customers and sites hosted by us, we reserve the right to throttle, limit, or disable access entirely to that customer. This includes all customers and sites, including dialup, direct connect and wireless network customers.
Reselling of Service
Reselling, or Redistribution of the bandwidth provided by Air-Internet to the customer to others via any means including but not limited to wireless networks, wired and optical networks is expressly forbidden without prior written agreement and aprroval by Air-Internet, Inc.
Violation of the Acceptable Use/Abuse Policy may result in immediate account termination.
Air-Internet, Inc. reserves the right to cancel customer accounts on the basis of abuse, failure to pay on time, any wrongdoing against Air-Internet's customers, employees, extraneous entities and/or actions deemed unacceptable by the executive staff.
Use of Service is Binding
By using Air-Internet, Inc.'s products and services the customer acknowledges and is bound to these terms willingfully and without reserve as applicable.
Fault Tolerance
The Service is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Service is not failt-tolerant when it comes to any online financial transactions such as Auctions, Online Banking, Stock Trading etc. Company and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Air-Internet, Inc. reserves the right to change these terms of service.