Acceptable Use Policy

Emery Telecommunications & Video, Inc. (“Emery Telcom”) has formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of Emery Telcom's networks, systems, services, web sites and products (collectively, the "Emery Telcom Network and Services") by its subscribers, customers and other users of the Emery Telcom Network and Services (collectively, "Subscribers"), and to provide its Subscribers with secure, reliable and productive services. By using the Emery Telcom Network and Services, Subscribers consent to be bound by the terms of this AUP. Emery Telcom reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Emery Telcom Network and Services after such modification shall constitute acceptance of such modification.

No Resale

Emery Telcom Network and Services are for Subscribers’ own personal and/or business use and Subscribers shall not, under any circumstances, resell, retail, repackage for sale, distribute or wholesale or otherwise commercially distribute the services described herein by itself or in conjunction with any other services provided by Subscribers.

General Conduct

The Emery Telcom Network and Services must be used in a manner that is consistent with the intended purpose of the Emery Telcom Network and Services and may be used only for lawful purposes. Subscribers shall not use the Emery Telcom Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (b) that may expose Emery Telcom to criminal or civil liability. Subscribers are further prohibited from assisting any other person in violating any part of this AUP.

Responsibility for Content

Emery Telcom takes no responsibility for any material created or accessible on or through the Emery Telcom Network and Services. Emery Telcom is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Emery Telcom becomes aware that any such material may violate this AUP and/or expose Emery Telcom to civil or criminal liability, Emery Telcom reserves the right to block access to such material and suspend or terminate any Subscribers creating, storing or disseminating such material. Emery Telcom further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Subscribers that Emery Telcom deems responsible for the wrongdoing.

Inappropriate Content

Subscribers shall not use the Emery Telcom Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Emery Telcom, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property

Material accessible through the Emery Telcom Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Subscribers shall not use the Emery Telcom Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Emery Telcom Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content

Subscribers shall not use the Emery Telcom Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Emery Telcom Network and Services, any other network or equipment, or other users.

Fraudulent/Misleading Content

Subscribers shall not use the Emery Telcom Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Subscribers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages

Subscribers shall not use the Emery Telcom Network and Services to send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Subscribers are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to the Emery Telcom Network and Services. In addition, Subscribers shall not use the Emery Telcom Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Third Party Rules; Usenet

Subscribers may have access through the Emery Telcom Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Subscribers must adhere to any such rules, guidelines, or agreements.

Subscribers who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Subscribers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such Subscribers, unless such Subscribers does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and Network Security

Subscribers are prohibited from violating or attempting to violate the security of the Emery Telcom Network and Services, including, without limitation, (a) accessing data not intended for such Subscribers or logging into a server or account which such Subscribers is not authorized to access, (b) impersonating Emery Telcom personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any Subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Subscriber is not entitled, or (g) attempting to utilize another Subscriber's account name or persona without authorization from that Subscriber. Subscribers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Emery Telcom services. Violations of system or network security may result in civil or criminal liability. Emery Telcom will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations.

Suspension; Termination

Any Subscribers which Emery Telcom determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if Emery Telcom deems it necessary, immediate suspension or termination of such Subscriber's service without notice. Emery Telcom may take such further action as Emery Telcom determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Emery Telcom shall not be liable for any damages of any nature suffered by any Subscriber, or any third party resulting in whole or in part from Emery Telcoms’ exercise of its rights under this AUP.