Introduction
This acceptable use policy (the “Policy”) defines acceptable practices relating to the use of Williams Innovation services (the “Service”) by customers of Williams Innovation (“Customers”) and by users that have gained access to the Service through Customer accounts (“Users”). By using the Service, you acknowledge that you and your Users are responsible for compliance with the Policy.
You are responsible for violations of this Policy by any User that accesses the Services through your account. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service. “Williams Innovation” means Williams Innovation, LLC, and all of its affiliates (including direct and indirect subsidiaries and parents). “Williams Innovation Network” includes, without limitation, Williams Innovation’s constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network. As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users.
This Policy is designed to assist in protecting the Williams Innovation Network, the Service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet, to improve Service and to improve Service offerings. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the Williams Innovation Network must also conform to the applicable acceptable use policies of such other ISPs.
Rights of Williams Innovation: Suspension or Termination of Service
If Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not in Williams Innovation’s sole discretion correct a pattern of the same or similar violations, while using the Service that violates the Policy, or is otherwise illegal or improper, Williams Innovation reserves the right to suspend and/or terminate the Service or the User’s access to the Service.
Williams Innovation will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the Williams Innovation Network is threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, we reserve the right to suspend or terminate your Service or the User’s access to the Service without notification. In addition, we may take any other appropriate action against you or a User for violations of the Policy, including repeated violations wherein correction of individual violations does not in Williams Innovation’s sole discretion correct a pattern of the same or similar violations. Williams Innovation reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.
Cooperation with Investigations
Williams Innovation will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Williams Innovation reserves the right to disclose customer information to the extent authorized by federal or state law. In those instances involving child pornography, Williams Innovation complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
Modifications to Policy
Williams Innovation reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting.
Filters and Service Information
We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Service. By accepting and using the Service, you consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.
Prohibited Uses: Illegal Activity
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the Williams Innovation Network. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
Unsolicited Commercial Email/Spamming/Mailbombing
A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, “spamming” or “mailbombing” is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to the Williams Innovation Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages. Williams Innovation may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.
Calling Plans – Fair Use
Williams Innovation desires that Users understand the intended and permissible uses of Williams Innovation Products and Services, and further desires to prevent fraud, exploitation and abuse of certain Williams Innovation calling plans and features. Certain calling plans, including unlimited calling plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by typical business customers violates this AUP and may cause extreme network capacity and congestion issues and interfere with Williams Innovation’s network and third party networks with whom Williams Innovation connects for call initiation and completion services. As a guide, Users will be considered to be in violation of this AUP when any of the following occur:
- aggregate outbound domestic long distance calling exceed 2,500 minutes per subscriber line (i.e., hosted seat) per month pooled across all customer subscriber lines; aggregate inbound domestic toll free calling exceeds 500 minutes per subscriber line per month pooled across all customer subscriber lines; or facsimile pages exceed 500 pages per individual subscriber line per month.
In addition, unlimited plans may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses under this AUP or otherwise applicable to the Williams Innovation Products and Services):
Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously); Bulk call-in lines (e.g., customer support or sales call centers, “hotlines,” 900 numbers, sports-line numbers, etc.); or Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
Williams Innovation reserves the right to review Users’ accounts at any time for potential abuses of this AUP. Williams Innovation may determine abnormal or abusive usage based on comparisons to the usage patterns of other customers. If it is determined that Users violate this AUP, Williams Innovation may invoice User, and User shall pay a per minute or per page fee for excessive use at the then-current rates established by Williams Innovation. In addition to such excessive use charges, if Williams Innovation identifies excessive or abusive traffic patterns, Williams Innovation reserves the right to change Users’ applicable rate plan or suspend or terminate Service with or without notice.
Spoofing/Fraud
Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is prohibited.
USENET Postings
All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited) is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by Williams Innovation in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ or charter.
Complaints
Williams Innovation receives complaints directly from Internet users, through Internet organizations and through other parties. Williams Innovation shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before taking action under this AUP. A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. Williams Innovation has no obligation to forward the complaint to the User or to identify the complaining parties.
The following activities are also prohibited:
- Intentionally transmitting files containing a computer virus or corrupted data.
- If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. If a User is accessing the Service via a dial-up connection, we may terminate the user session if the User is connected for more than 7 days in order to protect Williams Innovation Network resources and maintain Service availability for others.
- Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of Williams Innovation’s services.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to deliver unsolicited commercial email.
- Any activity that disrupts, degrades, harms, or threatens to harm the Williams Innovation Network or the Service.
- Any use of another party’s electronic mail server to relay email without express permission from such other party is prohibited.
- Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this Policy, may result in suspension or termination of the User’s access to or use of the Service.
This listing of prohibited activities is not exhaustive and Williams Innovation reserves the right to determine that any conduct that is or could be harmful to the Williams Innovation Network, Williams Innovation’s Customers or Internet users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.
Responsibilities of Customers
Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify Williams Innovation of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us.
Impending Security Event Notification
All Users of the Williams Innovation Network are responsible for notifying Williams Innovation immediately if they become aware of an impending event that may negatively affect the Williams Innovation Network. This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
Configuration
All Users of the Williams Innovation Network are responsible for configuring their own systems to provide the maximum possible accountability. Williams Innovation shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Williams Innovation. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, Users should maintain logs of dynamically assigned IP addresses.
Users of the Williams Innovation Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
Complaints
In most cases, we will notify our Customer(s) of complaints received by us regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.
Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration.
Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”
Additional Terms and Conditions
The use of the Williams Innovation Network by a Customer of Williams Innovation is subject to the terms and conditions of any agreements entered into by such Customer and Williams Innovation. This Policy is incorporated into such agreements by reference.
Complaints and Contact Information
Any complaints regarding prohibited use or other abuse of the Williams Innovation Network, including violations of this Policy, should be sent to Williams Innovation. Please include all applicable information that will assist Williams Innovation in investigating the complaint, including all applicable headers of forwarded messages.
Sites experiencing live attacks from Williams Innovation Customers should call into our Customer Care Center (telephone 737-228-1292) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Williams Innovation Solutions at help@williamsinnovation.com.
