Policy Statement

Subscriber Access Terms and Conditions

This Policy represents Aquila Internet's Acceptable Use Policy ("Policy") applicable to the customers ("CUSTOMER") of Aquila Internet and its subsidiaries and supersedes any other written or oral Policy.  Upon notice published on-line via Aquila Internet's web page Aquila Internet may modify the Policy, amplify the Policy, as well as discontinue or change services offered.

Aquila Internet reserves the right to revise this Policy at any time. CUSTOMER may view the most up-to-date version of this policy at any time at http://www.aquila.com.

By using any of the services offered by Aquila Internet, CUSTOMER is bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of the CUSTOMER Policy or such other action as Aquila Internet, in its sole discretion, may deem appropriate.

A. SYSTEM AND NETWORK SECURITY

1. CUSTOMER may not tamper with other accounts, or commit unauthorized intrusion into any part of Aquila Internet's system, or use any of Aquila Internet's machines, files, accounts, networks to intrude without authorization into any other system.
    
2. CUSTOMER may not use Aquila Internet services not included in CUSTOMER'S account, nor devise ways to circumvent security in order to access services CUSTOMER is not paying for. This clause includes, but is not limited to, the scanning of Aquila Internet's or other networks with intent to breach and/or evaluate security.
    
3. CUSTOMER may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. CUSTOMERS may not make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host.
    
4. Aquila Internet will react strongly to the use or attempted use of Internet services or systems without the owner's authorization.  This clause includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, customers may not use programs, scripts, commands nor send messages with the intent to interfere with a user's terminal session.

B. E-MAIL

1. CUSTOMER may not send unsolicited e-mail to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited e-mail. Aquila Internet services should not be used to send unsolicited advertising messages to other network users. CUSTOMER may not flood / spam newsgroups with commercial or noncommercial postings.
    
2. CUSTOMERS may not continue to send commercial e-mail to a recipient if recipient has requested that CUSTOMER discontinue such communication.
    
3. Aquila Internet prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
    
4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is impermissible.
    
5. "Mail bombing" (i.e. flooding a user or site with large or numerous e-mail messages) is strictly prohibited.
    
6. CUSTOMERS may not forge header information.
    
7. Aquila Internet prohibits the use of CUSTOMER'S account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
    
8. The rules and regulations contained within this Policy apply to other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phone.

C. USENET

1. Aquila Internet may provide CUSTOMERS with uncensored newsfeed.  Aquila Internet does not control newsgroup content nor is Aquila Internet responsible for postings by Aquila Internet's CUSTOMERS.
    
2. It is the responsibility of posters to determine a newsgroup's etiquette.  Therefore, CUSTOMERS that submit content to newsgroups must refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter or FAQs.  Posters are expected to submit messages relevant to the newsgroups topic and agree not to submit the same message to large numbers of forums or newsgroups.
    
3. CUSTOMERS are prohibited from forging header information and from posting chain letters of any type.
    
4. CUSTOMERS may only post binary files to newsgroups designed for that purpose.
    
5. CUSTOMERS may not cancel nor supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their online responsibilities.
    
6. Aquila Internet prohibits the use of CUSTOMER'S account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.

D. INTERNET RELAY CHAT (IRC)

1. Aquila Internet does not maintain an IRC server, however, CUSTOMERS may use their Internet connection to access the server of another provider. In such a case, CUSTOMER is obligated to abide by the rules set forth by that provider as well as follow proper IRC etiquette.

E. DIALUP ACCESS

1. Aquila Internet does not warrant that the POP (Point of Presence) dial in phone numbers provided are local, non-toll calls from CUSTOMER'S location. CUSTOMER should check with the local exchange carrier in their area to verify local calling areas from their phone number. Aquila Internet is not responsible for charges incurred by CUSTOMER from any telephone Aquila Internet provides for extended calling area nor is it responsible for toll calls placed to Aquila Internet.
    
2. Although use of a dial-up account is unlimited (i.e. we do not bill for time usage), it is not intended to be a full time connection nor are multiple concurrent logins permitted. After 15 minutes of inactivity, line will be disconnected. CUSTOMER agrees not to use any automatic method to avoid inactivity disconnect or automatic reconnection procedures to keep the connection active only when the registered member is actively using it.
    
3. Aquila Internet accounts cannot be transferred or used by anyone other than the CUSTOMER. No more than one login session can be used at any time by the CUSTOMER on any system account. If the CUSTOMER has multiple accounts, the CUSTOMER is limited to one login session per system account at any time.

F. GENERAL

1. Internet connections and all other services provided to the CUSTOMER by Aquila Internet may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Aquila Internet reserves the right to remove any and all materials that infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged copyright infringement.
    
2. Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. Aquila Internet does not endorse such materials and disclaims any and all liability for such content. Access to such materials is at CUSTOMER'S own risk.
    
3. Use of any information obtained via Aquila Internet is at your own risk. Aquila Internet specifically denies any responsibility for the accuracy or quality of information obtained through its services.
    
4. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
    
5. CUSTOMER agrees not to resell Aquila Internet's products without the prior written consent of Aquila Internet.
    
6. If Aquila Internet cancels CUSTOMER'S account for any reason, CUSTOMER agrees not to reregister without Aquila Internet's written consent. In the event CUSTOMER reregisters without Aquila Internet's prior written consent, Aquila Internet will cancel CUSTOMER'S account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears, will be made due and payable immediately.
    
7. Aquila Internet requires that CUSTOMER is qualified to contract. Aquila Internet cannot accept payments from persons who are not at least eighteen (18) years of age. CUSTOMER will be held responsible for keeping all billing data for Aquila Internet accurate and up to date. False data supplied for the contract between Aquila Internet and CUSTOMER will be grounds for account termination.
    
8. Aquila Internet exercises no control whatsoever over the content of the information passing through it.
    
9. The CUSTOMER agrees to defend, hold harmless, and expeditiously indemnify Aquila Internet from any and all liability, claim, loss, damage or expense arising out of CUSTOMER'S breach or violation of any covenant contained in this Policy, or resulting from the CUSTOMER'S use of the service.
    
10. CUSTOMER agrees to waive and hold Aquila Internet harmless from any claims relating to any action taken by Aquila Internet as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, CUSTOMER cannot sue or recover any damages whatsoever from Aquila Internet as a result of the decision to remove material from its server, or to suspend or terminate CUSTOMER'S account.

G. POLICY ENFORCEMENT

1. When Aquila Internet becomes aware of an alleged violation of its Acceptable Use Policy, Aquila Internet will initiate an investigation. During the investigation the Aquila Internet may restrict CUSTOMER'S access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Aquila Internet may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Aquila Internet will notify the appropriate law enforcement department of such violation.

H. COPYRIGHT INFRINGEMENT

1. If Aquila Internet becomes aware of material that could be infringing on a third party's copyright, posted by CUSTOMER, it will initiate an investigation. If Aquila Internet receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the CUSTOMER'S materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, Aquila Internet, in its discretion, may, at any time, deny access to the challenged material of CUSTOMER.
    
2. Aquila Internet will notify CUSTOMER of the copyright infringement allegation and will allow CUSTOMER to respond to the allegation(s).
    
3. Aquila Internet shall have no liability, directly or indirectly, to Complainants or third parties for CUSTOMER'S infringing copyrighted materials. CUSTOMER shall reimburse Aquila Internet for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

I. REPORTING NETWORK ABUSE

1. Any party seeking to report any violations of Aquila Internet's policy may contact via e-mail: support@aquila.com.