Adams Broadband Acceptable Usage Policy

Adams Broadband Acceptable Usage Policy You, as a User/Customer of Adams Broadband Network (AB), and any Users of your account, agree to the following terms of this agreement. If you do not agree to these terms, contact us immediately at noc@echoes.net . Adams reserves the right to change, amend, alter, or modify this Agreement at any time, and without notice. Adams may notify Customer of any change either by posting that change on Adams's website ( www.echoes.net ), by sending Customer an e-mail or by U.S. mail. If Customer continues to use the AB after such notice has been made of a change, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by Adams. This Agreement should be read in conjunction with all other applicable policies. The effective date of these terms is at the time of posting. Please check this page frequently for any updates. This Acceptable Usage Policy is part of a binding legal contract between You, Users and AB.

AB is designed for personal and family use within a single household. AB customers agree that only the customer and co-residents living in the same household will use AB, and its services. AB is being provided solely for use in the customer’s household, and any unauthorized access by a third party to e-mail, Internet access, or any other function of AB relieves Adams of any affirmative obligations it may have, and is in violation of this Policy. The customer is responsible for any misuse of AB that occurs through the customer’s account whether by a member of the customer’s household or an authorized or unauthorized third-party.

The customer may set up one (1) web page, per service account, for personal, non-commercial, use of AB (See section titled RESIDENTIAL HOMEPAGES), but the customer may not establish a web page using a server located at the customer’s home. The customer will not use, or allow others to use, the customer’s home computer as a web server, FTP server, file server, application server, ga me server, nor to run any other server applications, nor to provide network or host services to others via Adams’ s network. The customer will not use, or allow others to use, AB to operate any type of business or commercial enterprise, including but not limited to, IP address translation or similar facilities intended to provide additional access. The customer will not advertise that AB is available for use by third parties or unauthorized users. The customer will not resell or redistribute, or allow others to resell or redistribute, access to AB in any manner, including but not limited to wireless technology, unless they have received explicit written authorization to do so.

Adams reserves the right to disconnect or reclassify the customer’s service to a higher grade, or to immediately suspend, or terminate the customer’s service for failure to comply with any portion of this provision, or this Policy, without prior notice. Adams owns any and all email addresses associated with AB, and reserves the right to reclaim any such email address at any time, and for any reason.

Any violation of this Policy may lead to prosecution under federal, state, or local law, and/or appropriate fines (See Violations of the AUP).

AB SYSTEM IS FOR AUTHORIZED USERS ONLY.

Individuals using our system without authority, or in excess of their authority, will be targeted for having all of their activities on our system monitored and recorded by system personnel. UNAUTHORIZED access to our system will be tracked and logged.

In the course of monitoring individuals improperly usin g our System, System maintenance, or for the protection of the System, the activities of authorized Users may also be monitored. AB reserves the right to monitor the activities of Users for any reason permitted by law.

Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, System personnel may provide the evidence of such monitoring to law enforcement officials.

General Definitions

AUP / Acceptable Use Policy : this document

Commercial Use: Any use of AB services for the exchange of goods, products, property or services of any kind whether for profit or not.

Hacking/Cracking: The trespass into computer systems, using them without authorization, either maliciously, public gratification or any other purpose.

Information Service/Server: A kind of software that runs a service operating on the user’s computer which offers access to their computer for individuals on the Internet. A particularly common term on the Internet, which is common with mail servers, web servers, news servers, ftp servers, and the like.

Internet: The Internet is an international computer network. The Internet is not owned, operated, or affiliated in any way with AB.

Minor: Any person under 18 years of age.

Residential AB Internet Access: The ability to logon to AB at anytime, for any use, which is consistent with this policy. Residential customers are addressed dynami cally and may not attempt to force static addressing. Static IP Addresses, if such service is purchased, will be assigned, and controlled by, AB administers. Customers who attempt to force static addressing are in violation of this Acceptable Usage Policy (AUP). Disregard for these warnings may result in termination of the customer's account, and/or fines.

RSA / Residential Service Agreement: A legal agreement between customer and AB.

Single Household: means the Customer’s home, and includes a si ngle apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit.

System: The computer system, including input/output devices, the supervisor program or Operating System, and possibly other software.

TOS: Terms of Service

Use: Performing inbound/outbound activities.

User or Customer: The collective term identifying the account holder or any authorized member of their immediate family or business at the service address.

User Rights and Responsibilities

The following rules of usage for AB customers are intended to facilitate and ensure the easiest, widest range of accessibility to the Internet through our service.

Abuse Complaints: Complaints concerning customer from the AB domain may be submitted to abuse@echoes.net . When submitting complaints please include the following information:

  1. The IP address used to commit the infraction
  2. The date that the infraction was committed
  3. The time that the infraction was committed
  4. The time zone relevant to when the infraction was committed
  5. Evidence of the alleged infraction

E-mail forwarded with full header information is normally sufficient. Syslog or Firewall logs will normally provide all of the above. Certain other si tuations may require additional information as determined by AB.

Bandwidth Usage: AB reserves the right to monitor, and/or limit or modify excessive and/or disruptive bandwidth usage. AB also reserves the right to establish bandwidth limits, at its sole discretion, and over bandwidth usage may result in surcharge consumption allowances. If Adams dete rmines, in Adams’s sole discretion, that a customer is using an excessive amount of bandwidth over the Adams network infrastructure for Internet access or other functions using public network resources, during any period of time, Adams may: (a) adjust, suspend or terminate the customer’s account or se rvice at any time and without notice; or (b) require the customer to upgrade the customer’s service level, and pay additional fees in accordance with Adams’s then- current, applicable rates for such service; or (c) pay additional surcharges for high/excessive bandwidth consumption usage, over and above the established bandwidth limits; or (d) use any technology to be chosen by Adams at its sole discretion including, but not limite d to, packet-reset and/or other packet management technology, to slow service to the customer for purposes of conserving bandwidth.

Chargeable Service: any service performed by AB personnel, beyond normal services. Charges will be imposed at the discretion of AB personnel, a minimal charges of $25 is standard, with additional charges up to $50/hour, in addition to possible truck roll/fuel surcharges. Commercial Postings: Commercial postings, those for monetary gain whether for profit or non-profit, via email, newsgroup postings etc, except those in which it is specifically permitted, is prohibited by AB.

Commercial Use: Web pages provided as part of the Internet Access Service are for residential use only. AB prohibits commercial use of these Web Pages. The offend ing page must be altered or removed upon a warning being issued or access to it will be denied. This includes but is not limited to commercial advertising, commercial banners, etc. Commercial web pages are available at additional charges. Contact AB for more information.

Customer Privacy: AB will not release to any entities information which you provided in your Account Application including name, address, credit card numbe rs, bank account numbers, except for the purpose for which it was provided unless required to do so by law or in case of emergency as determined by AB in its sole discretion.

Defamation: AB customers agree not to defame the name or reputation of AB or its employees.

Email Privacy: Pursuant to the Electronic Communications Privacy Act ( http://www4.law.cornell.edu/uscode/18/2701.html ), AB cannot guarantee the sa me protection or level of privacy for electronic communications (e.g. E-mail, newsgroup posting, private electronic conversations, etc.) as assured by the United States Post Office. You should assume that other persons could view any and all communications passed on or through AB systems or systems directly accessible through AB.

Email Usage: Customer agrees that Adams owns any and all mailboxes associated with AB and may reclaim such mailboxes at any time, for any reason. Adams may also limit the number of new email addresses that can be created within a 24 hour time period. Customer agrees that if Customer does not access an AB mailbox for a period of 120 days, Adams may deactivate the mailbox. Customer understands that Adams will delete the contents, if any, of the mailbox at that time. In addition Adams shall have the right to reassign such mailbox.

Email Storage: If Customer elects to store electronic mail on Adams’s server(s), such electronic mail is subject to deletion any time after three days, after Customer first retrieves such electronic mail. Regardless of the retrieval protocol used by Customer, in no event will Adams be responsible for maintaining, and Adams will not guarantee storage of, such electronic mail for any period of time. Adams also reserves the right to enforce email storage limits.

Fines: Violations of the AUP can results in network abuse fine s from AB, See Violations of the AUP. AB reserves the right to impose any lower class action, lesser fine amount, suspension length, or alternate action, at its sole discretion.

Force Majeure: Customer agrees that Adams will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of AB.

General Knowledge: Customers are responsible for maintaining a general knowledge of their operating system, their communication equipment, and any software used to access AB services or any services accessible through AB. Any technical support offered to customers outside the scope of Internet service is at the sole discretion of the technical representative and is a chargeable service.

Harassment, threats, or tortuous conduct: The customer will not use, or allow others to use, AB to post or transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders, or otherwise constitutes tortuous conduct.

Impersonation/Forgery: Assuming or attempting to assume the identity of another person on an AB system or a system accessible through AB is prohibited. The customer will not, or allow others to, impersonate another user, falsify one's user name, company name, age, sex or id entity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists, or knowingly or unknowingly create or use an email address that has the effect of being misleading. The customer will not, or allow others to, forge, alter, or remove any message header of any electronic transmission, originating or passing through AB. The customer will not, or allow others to, forge anyone else’s digital or manual signature .

Indemnification: You, as a customer of AB, agrees to indemnify and hold harmless Adams, its parents, subsidiaries, members, affiliates, officers and employees from any losses, claims, damages, expenses or attorney fees brought against Adams related to Customer’s use of AB, the violation of the Acceptable Use Policy, or the Privacy Policy, including, but not limited to, claims that Customer’s use of AB infringed on the patent, copyright, trademark or other intellectual property right of any third party, claims arising from any breach, or alleged breach, by Customer of this Agreement or the AUP, or any claim resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by Adams in br inging any action related to AB or a breach of the terms of this Agreement.

Information Integrity: The risk as to quality, performance and accuracy of any information or software obtained through our service is exclusively with the customer. AB does not warrant any and all such electronic information nor will it be held responsible for any damages caused by such data.

Illegal Activities: All Users must comply with all federal, state, and local laws. Violation of law is also a violation of this Policy. Activities deemed as illegal by AB are documented in the Illegal Activities section of this Acceptable Usage Policy, in addition to applicable laws. Violations of AUP can result in account suspension, disconnection or fines.

IRC, Chat rooms and similar interactive programs and services: AB customers agree they will not, or allow others to, participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet (“Chat Rooms”) that the customer or a person using the customer’s service has been banned from using. The customer agree they will not, or allow others to, violate the Acceptable Use Policy of the server or Chat Room to which they are connected. In addition, the customer will not, or allow others to: flood/scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as “bots” or “clones” to participate in Chat Rooms unless the customer is physically present at the customer’s computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that the customer is not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messa ges; or forge alter, or hide the customer’s identity.

IP Address Usage: AB customers will receive one dynamically, or statically assigned public IP Address. The IP address is leased at AB discretion, for the use of the customer, and the customer does not have an exclusive right to the IP Address. The IP Address’s use is suspende d/terminated with the suspension/termination of the AB account. Up to a maximum of two (2) static IP addresses may be leased, per modem on the customers account, at additional charges.

Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall AB, or its affiliates be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (including without limitation, damages for loss of business, service interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Service, your inability to access the internet or any part thereof through the service or your reliance on or the use of information services or merchandise provided on the internet or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, viruses, defects, delays in operation, transmission, or any failure of performance.

Minors: By utilizing the services provided by AB, the Parent/Guardian understands that it is not the responsibility of AB to monitor or restrict the data transmittal, retrieval or distribution activities of the minor child. Third party Internet filtering and blocking software is available for us e, though AB does not offer support in any aspect of the third party filtering package. The Parent/Guardian agrees to hold harmless AB from any and all losses, claims, damages, expenses, and attorney fees, which result from or are alleged to result from your use of AB systems or services. In addition the customer will not use, or allow others to use, AB to harm or attempt to harm a minor, including but not limited to using AB to send pornographic, obscene or profane materials involving minors.

Network Security and Management: AB customers agrees that Adams may block traffic to and from any source, including, without limitation, the deletion of an y electronic mail, as it deems necessary to secure its network and/or eliminate spam. Adams ma y take other actions, in its sole di scretion, to manage or protect its network or to benefit the greatest number of its subscribers, including, but not limited to, traffic prioritization and protocol filtering, and in some instances, suspend or terminate access by Customer to the network. Adams may take these actions, with or without notice, in situations where Adams believes, in its sole discretion that Customer may harm the Adams network or disrupt the perf ormance of AB for other us ers or where Customer is transmitting or is otherwise connected with what Adams considers in its sole discretion to be spam. Customer agrees that Adams is entitled to damages if Customer is transmitting or is otherwise connected with spam. Customer agrees Adams is entitled to actual damage s, however, if actual damages cannot be reasonably calculated, Customer agrees to pay Adams liquidated damage s of five dollars (U.S. $5. 00) for each piece of spam transmitted from or otherwise connected with Customer’s account.

Newsgroups: AB customers agree they will not, or allow others to, post a similar item to more than six (6) newsgroups or mailing lists. The customer will not, or allo w others to, post or transmit any private, third party e- mail to any newsgroup or mailing list without the explicit approval of the sender. The customer will not, or allow others to, post messages that do not comply with or are not permitted by or otherwise violate the newsgroup’s terms of use, written Adams, FAQ or similar instructions or guidelines. The customer will also not circumvent the approval process for posting to a moderated newsgroup an d will not “flood,” “newsb omb” or otherwise disrupt users of newsgroups by posting a large number of message s to a newsgroup with the intent to hinder normal discussion, cancel messages of others (except as an authorized moderator), send excessive quantities of data to a newsgroup, post binary files to ne wsgroups that do not expressly permit them or download any newsgroup in bulk unless expressly permitted.

Other service providers’ acceptable use policies: Adams obtains services from and relies upon many other entities to provide AB to its customers. Where the customer accesses services of other entities through AB, the customer agrees to and shall abide by the publicized acceptable use policies of such other known entities.

Prohibited Uses of AB as an ISP: You agree not to use AB for operation as an Internet service provider (ISP), a server site for ftp, telnet, rlogin, e-mail hosting, "Web hosting" or other similar applications, for any business enterprise, or as an end-point on a no n-Adams local area network or wide ar ea network. You agree to indemnify, defend and hold harmless Adams and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) arising out of any breach of this Section including, but not limited to, any claims based on or arising out of any material violation.

Right to Suspend/Terminate AB: AB and all Service features are subject to availability on an ongoing basis. Customer understands that Adams may cease to offer AB or any Service feature at any time. Adams may suspend, disconnect and/or terminate AB at any time without prior notice if Adams believes in its sole discretion that Customer has:

  • (a) Failed to pay Customer’s bill when due;
  • (b) Threatened or harassed any Adams employee or contractor;
  • (c) Violated the Acceptable Use Policy; or
  • (d) Violated any other provision of this Agreement or other applicable agreements or contracts.
If Customer is disconnected for any reason and/or serv ice is suspended in accordance with this agreement, Customer may be charged (i) a reasonab le disconnection and/or a reconnection fee and/or (ii) for service during the period of suspension in accordance with applicable federal, state and local laws or policy.

Right to Monitor: Neither Adams nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmission as well as materials available on the personal web pages and online storage features) made on AB. However, Adams and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the AUP, and any other applicable agreements and policies.

Security: The customer is solely responsible for the security of any device connected to AB, including any data stored on that device. Adams recommends that the cust omer take appropriate secu rity precautions for any systems connected to AB. The customer is responsible for securing any wi reless (WiFi) networks connected to AB. Any wireless network installed by the customer that is unsecured or “open” and connected to the Adams network will be deemed to be operating as an ISP and subject to the prohibition on commercial use set forth above, and will be held in violation of this policy. In addition, and action which results from the use of this device (i.e. copyright violations, unauthorized system access aka cacking, or other illegal activities), will be the sole responsibility of the customer.

Servers: Servers are prohibited. This includes but is not limited to PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, PROXY, DHCP, IRC, TELNET, TFTP, SNMP, multi-user interactive forums and Game servers, as well as, remapping of ports for the purpose of operating a server on the network. Adams reserves the sole right to determine if any customer equipment is operating in such a manner. AB customers found running such server, without express written permission, will immediately, and without warning, be disconnected from the network. In addition, possible fines and suspension may apply (see Violations of AUP)

Severability: If any term, covenant, condition or portion of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.

System disruption: AB customer agree they will not use, or allow others to use, AB to disrupt Adams's network or computer equipment owned by Adams or other AB custom ers. This includes, but is not limited to, improperly interfering with, inhibiting, degrading, or restricting the use and operation of AB by others, sending excessive data transfers (as determined in Adams’s reasonable discretion) for the package or tier of service to which the customer subscribes or modifying or altering in any manner any modem or modem configuration so as to allow its use beyond the parameters outlined by the specific level of service to which the customer subscribes. Any static or dynamic IP address must be authorized and provisioned by exclusively by Adams. Altering any IP address provisioned by Adams or otherwise cloning another user’s IP addr ess is strictly prohibited. The customer also agrees that the customer will not use, or allow others to use, AB to disrupt other Internet Service Providers (ISP) or services, including but not limited to e-mail bombing or the use of mass mailing programs. In addition, the customer agrees they will not allow, or allow others to, alter, modify, service or tamper with the AB Equipment or Service, or permit any other person to do the same who is not expressly authorized by Adams.

Technical Support

  1. You are responsible for obtaining and maintaining any communication equipment necessary to connect to AB, including communication software, and computer hardware.
  2. AB Technical Support Personnel, while trained in a multitude of operating systems and software applications, cannot guarantee that the suggested solutions will solve all problems encountered. AB will not be responsible for additional difficulties, including but not limited to loss of data, interruption of service, interruption of information service, interruption of/or loss of business services dependant on AB services, arising out of solutions presented by technical support representatives.
  3. AB support of any third-party service, product, or a pplication is at the discretion of AB representatives and may be discontinued at any time. In addition, this is a chargeable service.
  4. Verbal or written abuse of AB employees may result in the termination of the customer account, and/or involvement of Federal, State, or Local law enforcement officials.
  5. AB reserves the right to notify, via email, customers of network upgrades, scheduled network downtime, and any communications with customers AB deems appropriate for email to its customers.

Third Parties Purchases: AB is not responsible for merchandise or services purchased from independent sellers on AB systems or systems accessible through AB. This incl udes, but is not limited to, purchase terms, warranties, guarantees, maintenance or deliveries. AB is not party to such transactions and is not liable for any costs or damages arising out of, either directly or indi rectly, the actions or inactions of sellers.

Unsolicited Email: SPAM is the mailing of unsolicited, unwelcome and undesirable email messages or materials, bulk e-mail, or other forms of solicitation to one or mo re users or newsgroups. The customer will not use, or allow others to use, AB to send SP AM. Adams reserves the right, in Ad ams’s sole discretion, to determine whether such posting or transmission constitutes unso licited messages or materials. Forging, altering, or removing electronic mail headers is prohibited. Deceiving any recipient as to the identity of the sender through any process is prohibited. Customer may not, or allow ot hers to, reference Adams or the AB network in any email in an attempt to mislead the recipient. The sending of SPAM is strictly prohibited by AB, and may subject the customer to immediate and permanent termination of the customers account. Violations are subject to suspension, fines and termination of account. Sending Spam is a violation of the CAN-SPAM Act of 2003 ( 15 U.S.C. 7701, et seq. , Public Law No. 108-187).

Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of this Agreement will not constitute, or be construed as, a waiver of such provision, or of the right to enforce such provision.

Violations of the AUP

The customer agrees that AB reserves the right to impose any of the following actions for the violation of the AUP. AB may impose any lower class action, at its sole discretion:

1st Offense : Suspension of Account, (min 1 week), $50 fine, plus reconnection fees.

2nd Offense : Suspension (min 2 weeks, up to 1 month) and $250 fine, plus reconnection fees.

3rd Offense : The customer account can be permanently, and irrevocably terminated, a fine up to $500 imposed, plus any collection and/or court costs.

Illegal Activities

Illegal activities will not be tolerated. The following is a partial, but not limited to, list of activities deemed illegal by AB. These activities as well as those deemed illegal by local, state or federal law enforcement agencies will be in violation of this AUP. Illegal activities may result in the immediate and permanent termination of customer privileges, reporting to the proper law enforcement agencies and/or a fine.

In general, the Policy prohibits uses and activities involving AB that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of AB by others. For example, these prohibited uses and activities include, but are not limited to, using AB, Customer Equipment, or the Adams Equipment, either individually or in combination with one another, to:

Account Fraud: Knowingly using another customer's account on any AB system or on any system accessible through AB without their authorization or in excess of authorized access. This is also a violation of the Federal Computer Fraud and Abuse Act of 1984 as amended in 1994, 1996 and in 2001 by the USA PATRIOT Act. See also 18 U.S.C. § 1030

Chain Letters: You agree not to post or transmit letters or me ssages, on or through AB systems, which offer a product or service based upon the structure of a chain letter. These activities may result in the immediate and permanent termination of your customer privileges, reporting to the proper law enforcement agencies and/or a fine. Chain Letters may also be prosecuted under the CAN-SPAM act of 2003 (see Unsolicited Email)

Child Pornography: You agree not to post, transmit, display, receiv e or distribute visual depictions in any form involving the use of minors engaging in sexually explicit conduct. The posting, displaying, transmitting, receiving or distribution of said depictions will result in the reporting of such activities to local, state or federal law enforcement agencies.

Copyrighted Material: You agree not to post, transmit, display, or distribute through AB any content that infringes on a third parties copyright, trademark, service mark, or trade secret without the expressed written consent of the third party. See section entitled INTELLECTUAL PROPERTY.

Denial of Service: You agree not to abuse any system or any syst em accessible through AB, by inhibiting or causing a denial of service (e.g. any Internet Protocol based flood attack) of other users to effectively utilize such system.

Forcing IP Address: AB customers agree not to forcibly obtain a static IP address.

Hacking, Cracking, Phreaking: AB customers agree not , or allow othe rs, to probe, scan, access systems or accounts of others, or breach the security of any AB system or any system accessible through AB without authorization or exceeding authorized access, nor to cause a disruption of AB to other on-line users. You agree not to attempt to gain access to or modify any other user's account. You agree not to interfere with or attempt to prohibit, restrict or alter the normal operations of AB systems or any othe r systems accessible through AB. This includes, but is not limited to, achieving or attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, ca ble or telecommunications system, network, software, data, information, or any other proprietary material. The customer will not use, or allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing to ols. In addition, the customer will not participate in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed to facilitate this activity.

Law Enforcement: AB will fully cooperate with any Federal, State or Local Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving AB's customers or its service.

Obscene: The personal use of or commercial distribution of vulgar language, sexually suggestive language, obscene language, obscene images or vulgar images whic h are transmitted, posted, or displayed are prohibited to traverse any AB system or an y system accessible through AB.

Phishing: Attempting to gain personal information fraudulently.

Spoofing: To spoof or attempt to spoof the URL, DNS, MAC, or IP Addresses of AB or any other entity. This action not only denies service to the rightful owner of that IP Address, but it is also considered a hostile act by AB.

Stalking/Harassment: The Stalking, Harassment, Badgering, bothering, taunting or other offensive behavior towards another user of a AB system or any system access ible through AB by electronic means (e.g. IRC, E-mail, newsgroups, etc.) is prohibited by AB.

Unauthorized Monitoring: You agree not to monitor the traffic or data on any AB system or any system accessible through AB without authorization or exceeding authorized access.

Unlawful Use: AB customers will not use, or allow others to use, AB to violate any applicable federal, state, local or international laws, regulations or statutes, nor to promote illegal activity, including, but not limited to, the Children’s Online Privacy Protection Act, posting or tran smitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Customer will not use, or allow others to use, AB to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other item s of value. Copyrighted, patented or trademarked materials are subject to the Intellectual Property Provisions of this Policy, as well as, Federal, State, Local and International Law.

Viruses: AB customers will not use, or allow others to use, AB to transmit computer “viruses,” worms, “Trojan horses,” denial of service attacks or other harmful software programs or information containing any lock, key, bomb, worm, cancelbot, or other harmful feature. AB customers will use standard practices to prevent the transmission of such viruses, or other harmful soft ware and information. As software or other content downloaded from AB may contain viruses, it is the custom er’s sole responsibility to take appropriate precautions to protect the customer’s computer from damage to its software, files and data. AB reserves the right to disconnect/suspend any customer’s service, should in AB believe, the customer’s computer is infected with a virus, and is compromising or degrading the AB network.

Residential Homepages

AB provides its Internet customers with free Residentia l Homepages, with up to 8MB of storage space, per customer account. The purpose of the homepage is to give AB customers the opportunity to create a page on the World Wide Web. AB is not responsible for the content of any Residential Home Pages. The account holder is solely responsible and by posting a residential home page specifically agrees to indemnify and hold AB harmless, including reasonable attorney’s fees and court costs, for any liability arising out of or connected in any manner to the Residential Home Page. Customers are responsible and are solely legally accountable for all liability including but not limited to defamatory comments, copyright and tr ademark violations. Residential home pages are not to contain profanity and obscenities. The substitution of alternate characters in place of letters for profanity is not permissible. Residential Home Pages may not contain ba nner advertisements promoting commercial or monetary gain.

AB does not preview any Residential Home page prior to posting. AB do es not verify, endorse, review or otherwise involve itself in the page before it is posted. AB reserves the right to remove any page from the system without warning.

Unacceptable Content for Residential Home Pages

These include but are not limited to:

  1. Advertising products or servic es by non-profit entities (such as Charitable Organizations, Professional Societies, Service Groups), as well as for profit entities.
    • a. Display of Advertisements, including banner exchange services.
    • b. Conducting raffles, lotteries, or contests.
    • c. Pages which are patently offensive, as determined by AB, including but not limited to bigotry, racism, hatred and profanity.
    • d. Pages that promote physical harm or injury to any group or individual.
    • e. Pages that contain nudity, pornography or obscenities of any kind.
  2. Pages that promote illegal activities including but not limited to hacking, cracking, warez, denial of services, phreaking, etc.
  3. Password only and restricted access pages.
  4. Pages with hidden images or pages.
  5. Pages with unauthorized third part y copyrighted, trademarked, service marked, or trade secret materials.
  6. Use of the page that would otherwise violate the AB AUP or RSA

Intellectual Property

AB customers have access to a vast quantity of informat ion on the Internet. Some of that information is the intellectual property of others, which carries restrictions on its copying and usage. Intellectual property rights are held by the owners/creators of the work and are protecte d by copyright, trademark and patent law. Many works include the symbols © to designate copyright, to indicate trademark, and ® to indicate a registered mark. The lack of any symbol, however, does not mean that the law does not protect the work.

Customers who use AB services from computers within AB's domain must not copy, use, or distribute copyrighted or trademarked works of others without the expressed permission of the right holder. Violations are subject to account suspension, fines and termination, in addition to any criminal or civil penalties, as allowed by law

Adams is registered under the Digital Millennium Copy right Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Adams if they believe that a Adams customer has infringed the copyright owner’s work(s). If Adams receives a notice from a copyrigh t owner alleging any Customer has committed copyright infringement, Adams will notify the Customer of the alleged infringement. Adams may determine that Customer is a repeat copyright infringer if Adams learns that Customer has engaged in online copyright infringement on more than one occasion.

AB is part of the global Internet connection that links AB customers to web based news, USENET, and mailing lists to users not part of the AB domain. By an automa ted computer process, AB receives articles from other USENET servers, web based news servers, mailing lists, and makes the articles posted from those services available to AB customers. The articles will normally, au tomatically expire at a predetermined time. AB does not have the ability to control the contents of any posted articl es or distributed information. AB is simply a conduit for transferring the articles to and from its users.

AB customers agree they will not use, or allow others to use, AB to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to , digitization of music, movies, photographs or other copyrighted materials or software. AB customers must obta in appropriate authorization from such other person or entity prior to sending, receiving or using such materials. The customers represents and warrants that the customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and the customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Adams assumes no responsibility, and the customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

If you believe that a AB customer on the AB domain has violated your intellectual property rights, send notification to: abuse@echoes.net

The Designation of Agent to Receive Notification of Cl aimed Infringement can also be found on the Copyright Offices website at http://www.loc.gov/copyright 17 U.S.C. 512 ©(2). Additional information on Copyright Infringement can be located at http://www4.law.cornell.edu/uscode/17/ch5.htm

The written notification shall include the following:

  1. The Web page address, e-mail, newsgroup posting etc.
  2. Documentation demonstrating that you have contac ted the alleged violator and requested that the violating material be removed.
  3. Proof that you are the holder of the copyright, trademark, etc., including registration number, a copy of the work infringed and a certification, under oath, that the work is your property, that your rights in the work have been violated and that the alleged offenders use of the work is not capable of a defense.

When AB receives the notification, AB will contact the a lleged offender and request a response. If AB determines that the complaining party has raised a legitimate complaint, the offender’s page will be disabled until it is altered. If AB determines that the complaining party has not raised a valid claim, AB will permit access to the page.

Billing Terms & Conditions

It is advisable to be familiar with AB's billing rules in order to prevent billing disputes. The sooner a billing dispute is brought to our attention, the easier it will be to resolve to everyone's satisfaction. We are unaware of a problem unless it is brought to our attention by calling the Billing Department at 1-570-282-6121

Age Limitation: A customer must be a minimum of 18 years of age in order to subscribe to AB service.

Billing Disagreement: Any disagreement or dispute concerning a bill must be made within 30 days of the billing date. A pro-rated credit allowance will be made for an interruption in Broadband service of 24 hours or more.

Credit Card Dispute: A $30.00 Credit Card Dispute (the Credit Card Company charge back) charge will be applied to a customer's account when that customer disput es a charge with their card company prior to bringing the complaint to AB attention.

Credit Card Use: A customer must not attempt to place an order or make a payment to AB with an expired, false, or unauthorized credit card. The fraudulent customer's service will be terminated and the customer may be reported to the appropriat e law enforcement agency.

Credit Termination: AB reserves the right to terminate access to AB accounts immediately without notice, upon the rejection of any credit card charges, or non-payment by the financial institution.

Immediate Notification Required: A customer must promptly notify AB of any of the following changes to:

  1. Expiration Date of a credit card used to make payments for our services.
  2. Changes in the customer's home address or billing address.
  3. Any suspected breaches of security such as: theft, loss or unauthorized use of a credit card, bank or credit union account or ID or password.

Residential Rate Change: AB reserves the right to change monthly recurring fees, connection fees, and equipment fees or to add new fees at any time. If service has been prepaid, the new charges will not become effective until the expiration of the pre-payment.

Returned-Check: AB will charge $25 for any returned check.

Rights Upon Termination: In the event that Customer’s account is suspended, disconnected, and/or terminated, no refund, including any fees Customer paid to Adams, will be granted; no online time or credits (for example, points in an online game) will be credited to Customer, nor can it be converted to cash or another form of reimbursement. Moreover, Adams will not be responsible for the return of data stored on Adams’s servers, such as web and e-mail servers. Customer agrees that Adams has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer, such request will be a chargeable service.

Service Fee: Services are purchased on a Monthly basis. The first month of service may be pro-rated.

Service Termination: AB reserves the right to terminate access to any AB account immediately and without notice at its sole discretion or upon violation of the this policy, rejection of any credit card charges, non-payment by the bank or credit union of authorized charges.

Termination of Service: Customers wishing to terminate access services with AB are required to notify AB prior to the date of cancellation. A customer cannot assume that their account automatically terminates when their payment remittances cease.

PLEASE NOTE: AB may impose and customer agrees to pay a late fee for all past due payments of 1½% per month, 18% annual. In the event that customer fails to pay AB reserves the right to refer any outstanding balance to a collection agency and or local magistrate. Customers agrees to pay all costs incurred by AB.