ACCEPTABLE USE POLICY & TERMS OF USE (AUP)
These terms are agreed upon by you and AetherNet, LLC (hereinafter referred to
as AetherNet LLC or AetherNet). You must agree to these before using our systems
to access the internet.
YOU MUST READ AND ACCEPT TERMS & CONDITIONS BEFORE USING OUR INTERNET SERVICE
This Acceptable Use Policy sets forth the standards of use of the AetherNet
Service (our "Service"). AetherNet will interpret and enforce this
Policy in its sole discretion. AetherNet may revise this Policy at any time
without prior notice. Revisions will become effective immediately upon being
posted online. Your continued use of our Service after amendments are posted
will constitute acceptance of the Agreement.
AetherNet LLC is a reputable provider of Internet access, web-site
hosting, and other Internet related services, who respects that the Internet
provides a forum for free and open discussion and dissemination on information,
however when there are competing interests at issue, we reserve the right to
take certain preventative or corrective measures. AetherNet LLC has developed an
Acceptable Use Policy which supplements and explains certain terms of each
customer's respective service agreement. This guide informs the customers of
their rights and obligations when utilizing AetherNet’s services. We reserve the
right to revise this AUP as needed.
No one party owns or controls the Internet. This accounts for much of the
Internet's openness and value, but it also places a big responsibility to those
acquiring and disseminating information on the Internet. AetherNet LLC cannot
monitor, verify, warrant, or vouch for the accuracy and quality of the
information that subscribers may acquire, therefore subscribers must use his or
her best judgment in relying on information obtained from the Internet.
Subscribers should also be aware that some material on the Internet is sexually
explicit or otherwise offensive. Because AetherNet cannot monitor or censor the
Internet, we cannot accept any responsibility for injury to its subscribers that
may result from inaccurate, unsuitable, offensive, or Illegal Internet
communications. AetherNet LLC does not review, edit, censor, or take any
responsibility for any information its subscribers may create.
Users who place information on the Internet have the same liability as other
authors for copyright infringement, defamation, and other harmful speech. Any
posting to the Internet that may affect other subscribers or cause harm to
AetherNet LLC’s goodwill, business reputation, and operations is prohibited such
as the following activities:
Spamming - Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming"). It is harmful not only for its negative
impact on consumer attitudes towards AetherNet’s internet services, but it also
overloads the AetherNet network and disrupts service to AetherNet’s subscribers.
Also, maintaining an open SMTP relay is prohibited. Upon receipt of a complaint,
AetherNet LLC has the discretion to determine from all of the evidence whether
e-mail recipients were from an "opt-in" e-mail list.
Intellectual Property Violations - AetherNet is required by law
to remove or block access to customer content upon receipt of proper notice of
infringement of copyrights, trademarks, service marks, trade secrets, software
privacy, and patents held by individuals, corporations, or other entities. These
measures may also be taken on those engaging in activity that violates privacy,
publicity, or other professional rights of others. It is also AetherNet’s policy
to terminate the privileges of customers who commit repeat violations of
copyright laws.
Obscene Speech or Materials – AetherNet LLC is required by law
to notify law enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through the AetherNet network. Using
the AetherNet network to advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or material is prohibited.
AetherNet will terminate the privileges of customers who commit these violations
and will report the user to local law enforcement officials.
Non-commercial Use by Members
The Free limited Services are for the Personal use of Members only and may not
be used in connection with any other Commercial endeavors except those that are
specifically endorsed or approved by AetherNet LLC. Illegal and/or unauthorized
use of the AetherNet Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the AetherNet Website
is prohibited. Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles web pages without notice and
may result in termination of Membership privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the AetherNet LLC Services.
Listed below are terms that are prohibited use of the AetherNet LLC network. Any
or all infractions are terms for termination of the customer’s user accounts and
access to the AetherNet service.
Defamatory or Abusive Language – AetherNet prohibits the use of
our network as a means to transmit or post defamatory, harassing, abusive, or
threatening language.
Forging of Headers - Forging or misrepresenting message
headers, whether in whole or part, to mask the originator of the message is
prohibited.
Illegal or Unauthorized Access to Other Computers or Networks -
Accessing computers, accounts, or networks belonging to another party illegally
or without authorization is not allowed. Attempting to penetrate security
measures of another individual's system (often known as "hacking") is
prohibited, as well as any activity that might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth scan, or other information
gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities - AetherNet prohibits the distribution of
information regarding the creation of and sending Internet viruses, worms,
Trojan horses, pinging, flooding, mail bombing, or denial of service attacks.
Also, activities that disrupt the use of or interfere with the ability of others
to effectively use the network or any connected network, system, service, or
equipment.
Facilitating a Violation of this AUP - Advertising,
transmitting, or otherwise making available any software, program, or service
that is designed to violate this AUP, which includes the facilitation of the
means to span, the initiation of pinging, flooding, mail bombing, denial of
service attacks, and piracy of software is prohibited.
Export Control Violations - Exporting encryption software over
the Internet or otherwise, to points outside the United States.
Usenet Groups - AetherNet reserves the right to decline
postings from newsgroups where we have actual knowledge that the content of this
newsgroup violates the AUP.
Other Illegal Activities - AetherNet prohibits engaging
activities that are determined to be illegal, including but not restricted to
advertising, transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
Other Activities - Engaging in any activity that AetherNet
determines to be harmful to its subscribers, operations, reputation, goodwill,
or customer relations whether lawful or unlawful is prohibited.
The subscriber is primarily responsible for avoiding the harmful activities just
described. As an ordinary practice, AetherNet LLC will not monitor the
communications of its subscribers to ensure that they comply with the
AetherNet’s policies or applicable laws. AetherNet LLC will, however, take any
action to stop harmful activity, including but not limited to, removing
information, shutting down a website, implementing screening software designed
to block offending transmissions, denying access to the Internet, or take any
other action it deems necessary
AetherNet LLC does not require its subscribers who offer Internet services to
monitor or censor transmissions or websites created by their customers.
AetherNet LLC reserves the right to directly take action against a customer of a
subscriber.
AetherNet urges its subscribers to assume that all of their on-line
communications are insecure and will not take any responsibility for the
security of the information transmitted over AetherNet LLC facilities. The
Internet is neither more nor less secure than other means of communication
including mail, facsimile, and voice mail telephone service which can be
intercepted and otherwise compromised.
AetherNet LLC will not intentionally monitor the electronic mail messages sent
or received by its subscribers unless required to do so by law, governmental
authority, or when public safety is at stake. AetherNet is not obligated to
inform the subscriber that their information has been provided and in some cases
may be prohibited by law from giving such notice. Finally, AetherNet may
disclose subscriber information or information transmitted over its network
where necessary to protect AetherNet and others from harm, or where disclosure
is necessary to the proper operation of the system.
AetherNet expects that its subscribers will comply fully with all applicable
laws concerning on-line communications. Failure to do so will result in a
violation of AetherNet AUP. Finally, by signing this agreement or checking the
click box that I agree, subscribers agree that if AetherNet is sued because of a
subscriber's or customer of subscriber's activity, the subscriber will pay any
and all damages awarded against AetherNet LLC, plus costs and reasonable
attorney fees.
Privacy
Use of the AetherNet LLC Services is also governed by our Privacy Policy, which
is incorporated into this Agreement by this reference.
Disclaimers
AetherNet LLC is not responsible for any incorrect or inaccurate Content posted
on the AetherNet LLC Website or in connection with the AetherNet Services,
whether caused by Users of the AetherNet Services or by any of the equipment or
programming associated with or utilized in the AetherNet Service offering .
AetherNet LLC is not responsible for the Content, accuracy or opinions expressed
on such websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by AetherNet LLC . Inclusion of any linked
website to the AetherNet LLC Services does not imply approval or endorsement of
the linked website by AetherNet LLC . When you access these third-party sites,
you do so at your own risk. AetherNet LLC takes no responsibility for third
party advertisements which are posted on this AetherNet Website or through the
AetherNet Services, nor does it take any responsibility for the goods or
services provided by its advertisers. AetherNet LLC is not responsible for the
conduct, whether online or offline, of any User of the AetherNet Services.
AetherNet LLC assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, any
User or Member communication. AetherNet LLC is not responsible for any problems
or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the Internet
or on any of the AetherNet Services or combination thereof, including any injury
or damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the AetherNet
Services. Under no circumstances shall AetherNet LLC be responsible for any loss
or damage, including personal injury or death, resulting from use of the
AetherNet Services, attendance at a AetherNet LLC event, from any Content posted
on or through the AetherNet Services, or from the conduct of any Users of the
AetherNet Services, whether online or offline. The AetherNet LLC Services are
provided "ASIS" and as available and AetherNet LLC expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. AetherNet LLC
cannot guarantee and does not promise any specific results from use of the
AetherNet Services.
Limitation on Liability
IN NO EVENT SHALL AetherNet LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
AetherNet LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AetherNet LLC 'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
AetherNet LLC FOR THE AetherNet SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls Software available in connection with the
AetherNet Services (the "Software") is further subject to United States export
controls. No Software may be downloaded from the AetherNet Services or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using
the Software is at your sole risk.
Disputes
If there is any dispute about or involving the AetherNet Services, you agree
that the dispute shall be governed by the laws of the State of Texas, USA,
without regard to conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United States
located in the State of Texas, City of San Antonio. Either AetherNet LLC or you
may demand that any dispute between AetherNet LLC and you about or involving the
AetherNet Services must be settled by arbitration utilizing the dispute
resolution procedures of the American Arbitration Association (AAA) in Houston,
Texas, USA, provided that the foregoing shall not prevent AetherNet LLC from
seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold AetherNet LLC , its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the AetherNet LLC Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above and/or if any Content that you post on any or all
Website or through the AetherNet LLC Services causes AetherNet LLC to be liable
to another.
Payment Upon Cancellation
You acknowledge that if you have provided your credit or debit card account information to us for payment, you consent that upon cancelation, you authorize Aethernet to process such payment for any past due invoice You also acknowledge that you will incur fees and charges as a result of your past-due payments and also authorize Aethernet to use any method of payment of file to settle these fees.
Other
This Agreement is accepted upon your use of the AetherNet Website or any of the
AetherNet Services and is further affirmed by you becoming a customer. This
Agreement constitutes the entire agreement between you and AetherNet LLC
regarding the use of the AetherNet LLC Services. The failure of AetherNet LLC to
exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement are
for convenience only and have no legal or contractual effect. AetherNet is a
trademark of AetherNet LLC. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions.
Last updated Jan 24 2020
Copyright ©
2024
AetherNet LLC
|