Unlike in the area of regulated common carrier services, certain activities of Customers and Users of, Internet services, including Hosting (collectively referred to herein as “IP related Services”) may expose providers of those Services, such as Gamut and its underlying carriers, to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade Gamut’s IP related Services and those of its underlying carriers. Moreover, because of various conventions used in the industry (including blocking, filtering, and blacklisting) these activities may impair Gamut’s ability to interconnect with other IP related service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves such as sending large numbers of unsolicited messages (spam).
While Gamut does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties, other Internet Service Providers, and its ISP underlying carriers. Gamut has adopted this “Acceptable Use Policy” (“AUP”) in an attempt to balance interference or risk of harm arising from its Customers’ use of Gamut’s IP related Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
CORENEXA AND CONNECTUC USAGE
Gamut's Usage Plans are designed for typical day to day business voice use only. Gamut reserves the right to cap, change or terminate the customer’s plan if it is determined that the customer is using the plan excessively. Gamut reserves the right, in its sole discretion, to determine what constitutes excessive use of its plan. One metric that Gamut may use to determine excessive use is comparing customer’s usage to average use of similarly situated customers and analyzing whether customer’s use departs from such averages. But Gamut reserves the right to use other methodologies or combinations of methodologies to determine whether customer’s usage is excessive.Gamut’s plans and rates are based on typical business use operating with an equal mix of inbound (non–toll free) and outbound calling. Gamut reserves the right, in its sole discretion, to cap, to change or to terminate the customer’s existing plan if it is determined that the customer is receiving an excessive amount of inbound calls relative to its outbound usage or if customer’s usage of the plan is otherwise determined by Gamut in its sole discretion to deviate from typical business usage.
AUP COVERAGE | UNLAWFUL OR UNACCEPTABLE USE OF THE AUP IP-RELATED SERVICES
We do not exercise editorial control over the content of any website, electronic mail transmission, or other material created or accessible over or through the services. Gamut prohibits the use of AUP IP-related services by you or any other parties that you may allow to use the AUP IP-related services, for unlawful purposes or for purposes that Gamut finds unacceptable in its sole discretion. Gamut’s provision of IP-related services constitutes an “interactive computing service” as defined in 47 U.S.C. §230(f)(2). Gamut reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the AUP websites. You may not transmit, post, receive, or use services to access, in any manner, certain material, which includes but is not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, harmful to minors in any way or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, that constitutes racism or hate speech, or otherwise violate any local, state, national or international laws or regulations. Additionally, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; (iii) transmit any bulk e-mail, whether or not solicited; (iv) transmit any unsolicited bulk e-mail (also known as “spam”); or (iv) use the services or websites in a manner that interferes with others using the services or websites. You agree to indemnify Gamut and hold Gamut harmless from all claims, damages, losses, and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from your use of Gamut’s IP-related services whether or not such use is found to be in violation of any statute, rule or regulation.
IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR SERVICES MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE SOLE DISCRETION OF GAMUT. IF SERVICES ARE TERMINATED, EARLY TERMINATION CHARGES MAY APPLY.
In addition to the above, use of the services or websites as identified below or in furtherance of such activities is prohibited:
• Spam/E-mail/Usenet Abuse is prohibited on Gamut IP related Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
• Using another site’s mail server to relay mail without the express permission of the site
• Using IP addresses that the Customer does not have a right to use
• Collecting the responses from unsolicited electronic messages
• Maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages
• Sending electronic messages with petitions for signatures, or any chain mail related materials
• Sending unsolicited electronic messages with charity requests
• Sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Gamut IP related Services or the Internet (e.g., through language, frequency, size or otherwise)
• Sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender
• Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header
• Distributing or using software designed to promote the sending of unsolicited bulk electronic messages• Using distribution lists containing addresses that include those who have opted out
• Posting a single message, or messages similar in content, that could reasonably be expected to provoke complaints, to more than 10 online forums or newsgroups
• Posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information
• Sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the Gamut network or of the networks with which Gamut interconnects
SECURITY VIOLATIONS
Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include but are not limited to improperly securing a mail server so that it may be used by others to distribute Spam and improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.
Gamut Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of Gamut’s or another’s server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing.
Examples of Security Violations include but are not limited to:
• Intercepting, interfering with, or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses
• Attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data (except in the case of authorized legitimate network security operations)
• Using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication
• Distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations)
• Falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin
• Distributing viruses, worms, Trojan horses or other harmful software
NOTICE
When feasible, Gamut shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. Gamut reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when Gamut reasonably determines (1) that it may be exposed to sanctions or prosecution, (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of Gamut’s network or networks with which Gamut is interconnected or interfere with another Customer’s use of Gamut Services or the Internet; (3) that such violation otherwise presents imminent risk of harm to Gamut or Gamut’s Customers or their respective employees. In other situations, Gamut will use reasonable efforts to provide, at least five (5) business days prior to suspending or terminating service, notice to allow Customer to correct such violation without impact on service.
COOPERATION WITH INVESTIGATIONS
Gamut will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Gamut reserves the right to disclose Customer information to the extent authorized by federal surveillance statutes. In the case of suspected or alleged illegal activity, Gamut may also contact and cooperate with appropriate law enforcement agencies.
