Acceptable Use Policy
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Rodeo Internet Services. If you engage in any of the activities prohibited by this AUP document Rodeo Internet Services may suspend or terminate your account.
Rodeo Internet Services's Acceptable Use Policy (the "Policy") for Rodeo Internet Services Services is designed to help protect Rodeo Internet Services, Rodeo Internet Services's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Rodeo Internet Services. Rodeo Internet Services reserves the right to modify the Policy at any time, effective upon posting at http://url_to_AUP_policy.
Prohibited Uses of Rodeo Internet Services Systems & Services
- Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Rodeo Internet Services's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Rodeo Internet Services's servers, is prohibited. Rodeo Internet Services accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Rodeo Internet Services customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Rodeo Internet Services-hosted domain, or referencing any Rodeo Internet Services account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
- Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Rodeo Internet Services customers or end-users by any means or device.
- Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Rodeo Internet Services network or on another provider's network.
- Using Rodeo Internet Services's Services to interfere with the use of the Rodeo Internet Services network by other customers or authorized users.
- Subscriber MAY NOT resell Rodeo Services to any other party whatsoever unless bound by a Rodeo Dealer Agreement.
- While Rodeo does not impose bandwidth or data transfer “caps” as a rule, it may from time to time impose such a cap on a user who is abusing the download or upload capacity of the circuit or link assigned to their CPE.
- Any modification of the CPE by the Customer or End User is considered a breach of contract and the service may be terminated without notice, and the entire contract balance due. Modifications to CPE (Customer Premise Equipment) is expressly forbidden in any circumstance. Performance guarantees are NULL AND VOID if any change in the CPE configuration or placement occurs without the express written consent of Rodeo, or its technical support department.
- Rodeo will not release any of our customer's personal information to other people unless we receive a signed consent form from you, or unless required by law. The exception to this policy extends to third party collection of bad debt accounts.
- Rodeo users have the right to cancel their accounts. Cancellations, however, take effect at the end of the billing period in which you cancel.
- Whether you cancel your services or we cancel your service for cause, your service fees are not prorated within the current month. Refunds for unused service are limited to fees paid beyond the month of cancellation. Setup fees are nonrefundable.
- By law, you may not upload any commercial software, any software that is subject to distribution limits, or any kind of material you do not have the right to share with other people. Likewise, you may not download any software or material you do not have the right or license to use, such as commercial software from other Internet users. You may not upload anything, such as certain cryptographic applications, that will violate local, state, or federal law. If, upon reasonable suspicion and after reasonable investigation, Rodeo finds a violation of this provision, Rodeo reserves the right to notify appropriate state and/or federal authorities.
- Rodeo does provide configuration assistance and limited free technical support for software it distributes to you in connection with your purchase of Internet services from Rodeo. This does not include support for other functions on your computer such as virus abatement, software configurations or general support. Those services are available however for a fee from Rodeo. Separate pricing applies.
- Rodeo of course, cannot guarantee overall Internet performance, nor the performance or availability of any server, service or site on the Internet at large which you may otherwise access through your Rodeo connection.
- Multiple, simultaneous logins of the same account are prohibited
- Our flat-rate consumer tier accounts are not intended to serve as extended or full-time (24 x 7) connections to the Internet (they will be continuously connected). If you find that you need a full time (24 x 7) connection to the Internet, please contact us for information on our Commercial access services.
- Rodeo reserves the right to remove from public view any material or content brought to its attention that violates this AUP.
- Our AUP is under constant review. We consider comments from our users and from experienced staff. We will change this document from time to time. You are subject to the AUP in effect at the time you sign up for Rodeo Internet services, and to each revision of the AUP that becomes effective subsequently, without further notice.
- Usage is MONITORED on Rodeo Networks. IF a user is deemed being abusive in their consumption of bandwidth or has cracked or hacked network security and is stealing bandwidth, those user accounts will be closed, and the perpetrator may be subject to prosecution.
Customer Responsibility for Customer's Users
Each Rodeo Internet Services customer is responsible for the activities of its users and, by accepting service from Rodeo Internet Services, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Rodeo Internet Services customer will be forwarded to the Rodeo Internet Services customer's postmaster for action. If violations of the Rodeo Internet Services Acceptable Use Policy occur, Rodeo Internet Services reserves the right to terminate services with or take action to stop the offending customer from violating Rodeo Internet Services's AUP as Rodeo Internet Services deems appropriate, without notice.
May not use their Rodeo Internet Connection for commercial purposes other than connecting to home office, workplace, or other activities related to employment. Residential users that wish to use their Rodeo Internet connection for commercial purposes must sign up for a Commercial Account.
Rodeo Internet Services considers the complaints and comments from other users on the Rodeo Internet Services, as well as those of system administrators from other Network Service Providers. We will take immediate action against any Rodeo Internet Services subscriber who abuses any of our facilities or services. Some types of conduct which is inappropriate on the Internet, and thus prohibited while using your Rodeo Internet Services, are (a non-exhaustive list):
- Posting commercial/marketing/advertising/sales materials in non-commercial areas (for example, in a newsgroup dedicated to the discussion of the political significance of the two-party system of government, you should not post a message that you have a watch for sale), or sending unwanted/unsolicited commercial e-mail ("UCE"). This activity is called, aptly enough, "spamming";
- posting "chain letters" -- these are "illegal" under federal and state law, and are inappropriate on paper and on the Internet;
- e-mailing or posting (in newsgroups, IRC or otherwise) abusive, vulgar or threatening messages; and
- gaining unauthorized access to any network, either by use of an access account that is not yours, or by engaging in otherwise illegal methods.
- In addition to this AUP, the provisions of all applicable laws apply to your use of Rodeo Internet Services facilities. C.) Users that access the Internet through Rodeo Internet Services services must comply not only with Rodeo’s AUP as well as the AUPs of the Network Service Providers whose networks they access.
- Users that access the Internet through Rodeo Internet Services services must comply not only with Rodeo’s AUP as well as the AUPs of the Network Service Providers whose networks they access.
- Rodeo Internet Services will review all complaints or instances of your inappropriate use brought to our attention and will decide what action to take, which action may be termination of your Rodeo Internet Services account. If any such action occurs it is at the discretion of Rodeo to issue any refunds to the offending subscriber or not. The typical Rodeo policy is “no refunds or credits” should the cancellation be for cause.
- If you have any complaints about another subscriber's use of Rodeo Internet Services facilities, or if you are subjected to any inappropriate use of Rodeo Internet Services facilities, please contact our office immediately. You may send e-mail to email@example.com
- If you suspect or have proof of a hacking or break-in attempt on your machine you may call (1-800-891-9656) or firstname.lastname@example.org
- All services provided to you by Rodeo Internet Services may only be used in accordance with applicable laws, statues, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement, communication, alteration, publication or storage of any information, protected material or property, data or any other material in violation of any national law of any sovereign nation, any International law, the United State Annotated code, or of any state or local law, regulation or rule is strictly prohibited. This includes, but is not limited to, any material, data, matter, software/soft code, intellectual property protected by copyright, trademark, privacy of property right, personal or property right, trade secret, or any other statute. Further, it is unlawful and a violation of this AUP to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use Rodeo Internet Services for any illegal or unlawful purposes.
- With the exception of ensuring that personal web pages are not used for commercial purposes, Rodeo Internet Services does not "patrol" the content published by its clients. Rodeo Internet Services does, however, review complaints submitted with respect to other potential violations of this AUP and applicable laws, and will investigate those complaints and take action it deems appropriate, up to and including cancellation of a user's service.
- You will indemnify and hold harmless Rodeo Internet Services, its officers, shareholders, agents, employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of action attorney fees, litigation and court costs, resulting from the subscriber's use of Rodeo Internet Services services in any manner, whether directly or indirectly or by any act of omission or commission.
- You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to: 1. to your use of any Parallax service, and 2. the communications means by which you connect your terminal, personal computers or other device to Rodeo Internet Services services or to any services provided by Rodeo Internet Services.
- Your rights herein granted cannot be transferred, shared, sold, or used by anyone other than yourself. Only one login session per account may be used at any given time. Accounts that have been transferred to other parties or show other activity in violation of this paragraph are subject to immediate cancellation.
- Rodeo Internet Services has the right to delete all e-mail, data files, or other information that is stored in your account if either you or Rodeo Internet Services terminate your service, for any reason.
- Rodeo Internet Services shall have the right to suspend or cancel your account at any time, for reasonable cause, without notice. "Cause" includes, but is not limited to, nonpayment for services; violation of this AUP; excessive idle time online, as determined by Rodeo’s network administration staff; and use of your account to engage in violation of any federal, state or local statute.
- No warranty is made by Rodeo Internet Services regarding any information, services or products provided through, in connection with, or located on the computer systems of Rodeo Internet Services or any other services provided by Rodeo Internet Services, and Rodeo Internet Services hereby expressly disclaims any and all warranties, including without limitation: 1. any warranties as to the availability of Rodeo Internet Services products or services, or the accuracy of content or information, products; and 2. any warranties of merchantability or fitness for a particular purpose.
- Rodeo Internet Services shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure. Theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior negligence, or under any other cause of action, shall be strictly limited to the amount paid by you or on your behalf to Rodeo Internet Services for the current month.
- No agent, employee, or representative of Rodeo Internet Services has any authority to bind Rodeo Internet Services to any affirmation, representation, or warranty concerning the services provided by Rodeo Internet Services.