Acceptable Use & Terms of Service
The purpose of this policy is to outline the acceptable use of hosting, dedicated server, colocation, voice and networking services with Atlantic Metro Communications (herein "AMC"). These rules are in place to protect AMC and its customers. Inappropriate use exposes AMC to risks including compromise of network systems and services and legal issues. All services provided by AMC are to be used for lawful purposes only.
II. Unacceptable Use
The following activities are, in general, prohibited. Under no circumstances is the customer authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing AMC-owned resources, including but not limited to AMC's servers, customer's colocated servers while residing in AMC's facility and on AMC's network.
AMC will be the sole arbiter as to what constitutes unacceptable use. If in doubt, please contact AMC before proceeding.
The following activities are strictly prohibited, with no exceptions:
A. Copyrighted Materials and Content:
- Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the customer.
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the customer or the end user does not have an active license is strictly prohibited.
- Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is strictly prohibited.
B. System and Network Activities:
- Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
- Revealing your account password to others or allowing use of your account by others that are not a direct member of your company. This includes family and other household members when work is being done at home.
- Using a AMC computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction.
- Making fraudulent offers of products, items, or services originating from any AMC's server or network.
- Effecting security breaches or disruptions of network communication. 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. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
- Port scanning or security scanning is expressly prohibited unless prior notification to AMC is made and accepted.
- Executing any form of network monitoring which will intercept data not intended for the customer's account/host.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer's account/host (for example, denial of service attack).
- Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet.
- Running any IRC related scripts or programs, including but not limited to irc daemons (linked or unlinked), irc bots, bnc relays.
- Running any process / daemon / service in the background on AMC's shared server without prior approval.
- On AMC's shared server, running CGI or server-side scripts or programs, intentionally or otherwise using excessive amount of system resources or causing degradation of server performance. Any such process will be terminated without prior warning or notice. AMC will be the sole arbiter of what constitutes excessive use of system resources and degraded server performance.
- Accessing system files or files that do not belong to the customer.
C. Email and Communications Activities:
- Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam).
- Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages.
- Unauthorized use, or forging, of email header information.
- Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies.
- Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type.
- Use of unsolicited email originating from within AMC's networks or other Internet service providers on behalf of, or to advertise, any service hosted by AMC or connected via AMC's network.
- Posting the same or similar non-business-related messages to large numbers of Usenet newsgroups (newsgroup spam).
AMC reserves the right to suspend or terminate without warning or notice, the account and services to any customer found to have violated this policy. The penalties imposed on a user for abuse will vary based on the level of the offense. Under no circumstances will AMC issue a refund to anyone terminated in violation of these terms of service.
IV. Additional Policies
AMC reserves the right to make adjustments to this document without warning or notice. It is the users responsibility to stay current with this policy.
AMC reserves the right to refuse, suspend or cancel service, at our sole discretion.
In the event that the customer has an invoice 21 days past due, the account will be suspended. In the event of suspension, full payment of all outstanding invoices and a two hundred ($200 USD) dollar reinstament fee will be required to reinstate the account. All suspended accounts will be terminated and placed into collections if not reinstated within 21 days of the original service deactivation date. AMC reserves the right to charge interest at the rate of 5% per delinquent billing period for delinquent accounts. If an account is delinquent, AMC maintains the right to place a lien on Customer equipment in any AMC facility, or AMC owned equipment in the customer premise.
In the event that an account was placed into collections, the entire balance plus reinstatement fees must be paid prior to account re-activation.
All returned checks are subject to $75 fee.
AMC does not offer month to month services, any services that are not canceled 30 days prior to their anniversary date, shall renew in accordance with the original contract term, unless otherwise stated on the "Service Order".
AMC requires notice of service cancellation via postal mail to the AMC corporate offices at least 30 days prior to the intended cancellation date.
For accounts utilizing bandwidth, any accounts with an unspecified/negotiated rate will be billed at the rate of $0.50 per gigabyte transferred, or $153 per megabit-per-second if billed via 95th percentile.
AMC, by default, is not responsible for providing any backups of web site content or data. Please maintain your content and data offsite.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Atlantic Metro Communications cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Atlantic Metro cannot monitor or censor the Internet, and will not attempt to do so, Atlantic Metro cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
Software License Terms & Conditions
NOTICE TO USER: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
As used in this document, the term "Company" refers to Atlantic Metro Communications II, Inc. and the term "Client" refers to the party for whom the Company provides Software pursuant to the terms and conditions set forth herein.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Company or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the Company (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by the Company. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
II. Software License.
As long as you comply with the terms of this License Agreement (the "Agreement"), the Company grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.1. General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
2.2. Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from the Company; and
2.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.4. Stock Files. Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libellous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
III. Intellectual Property Rights.
The Software and any copies that you are authorized by the Company to make are the intellectual property of and are owned by Atlantic Metro Communications II, Inc. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Atlantic Metro Communications II, Inc. and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Client agrees not to modify, adapt or translate the Software. Client also agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested the Company to provide the information necessary to achieve such operability and the Company has not made such information available. The Company has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by the Company or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Company's Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
V. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates.
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation the Company may have to support the previous version of the Software may be ended upon availability of the Update.
VI. NO WARRANTY.
The Software is being delivered to you "AS IS" and the Company makes no warranty as to its use or performance. ATLANTIC METRO COMMUNICATIONS II, INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
VII. LIMITATION OF LIABILITY.
IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits the Company's liability to you in the event of death or personal injury resulting from the Company's negligence or for the tort of deceit (fraud). The Company is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact the Company's Customer Support Department.
VIII. Export Rules.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
IX. Governing Law.
This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of New Jersey. The respective courts of Morris County, New Jersey shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction.
X. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of the Company. Updates may be licensed to you by the Company with additional or different terms. This is the entire agreement between the Company and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.