MOMENTUM TELECOM, INC. and its Affiliates and subsidiaries (collectively, “Momentum”) provide services that enable access to Momentum’s network and the network of other service providers that provide customers with the ability to transmit and/or receive information over those networks (collectively, the “Services”). “You” when used in this Acceptable Use Policy (the “AUP”) shall mean the Momentum customer of record and Momentum customer’s end users. By using any Service in such a manner, you represent, acknowledge, and agree that you and any users (the “Users”) that have direct or indirect access to the Services through your account have read, understood, and agree to abide by this AUP. Momentum does not pre-screen, censor, edit control or monitor content on the Services, but Momentum reserves the right, in its reasonable discretion, to remove any content which it determines is illegal, deceptive, harmful, offensive, or otherwise in violation of this AUP. In situations where communications are carried across networks of other service providers, users of the Services must also conform to the applicable acceptable use policies of such other service providers. This AUP should be read in conjunction with the terms and conditions of the Master Service Agreement entered into with Momentum and other Momentum policies. All Users of the Services are required to comply with this AUP, as well as all applicable laws and regulations.
1. Violation of this AUP is strictly prohibited. In the event of any violation hereof, Momentum reserves the right to suspend or terminate any or all Services in accordance with the Master Services Agreement.
2. Users who violate this AUP also may incur criminal or civil liability. Momentum may refer violators to civil or law enforcement authorities for prosecution and will cooperate fully with applicable government authorities in connection with civil or criminal investigations of such violations.
3. You are responsible for configuring your own systems and services to ensure Users’ compliance with this AUP. Momentum shall not be responsible or liable for any damage caused by such system and/or service configurations regardless of whether such configurations have been authorized by Momentum or its suppliers.
4. Momentum’s Services permit access to many areas of the Internet, some of which may maintain discussions or content intended for adult audiences. Momentum shall have no liability for any access to such content by any person, including, without limitation, any person under eighteen (18) years of age. Users assume all liability and responsibility associated with viewing content or exposing any minor or other person to any Internet content.
5. Each User is responsible for providing Momentum with reasonable assistance in its investigation and resolution of issues, problems and/or complaints arising out of the use of the Services. Each User is responsible for immediately reporting to Momentum any network issue which could reasonably be expected to compromise the stability, service, security or any use of the Services, including, without limitation, the unauthorized use of a User’s password. Each User is entirely responsible for maintaining the confidentiality of its password and account information and is responsible for all activities that occur under its password. Therefore, passwords should not be disclosed to unauthorized third parties.
6. As used herein, the term “Abuse” shall be defined to mean any conduct which, in Momentum’s reasonable discretion, is improper or harmful, regardless of whether such conduct is detailed in this AUP, which shall include, without limitation, conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another’s privacy. Any Abuse by any User is strictly prohibited. Actions which constitute Abuse shall include, without limitation:
- Using the Services to post or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property;
- Using the Services to harm, or attempt to harm, minors in any way; Using the Services to engage in deceptive or unfair online marketing, including without limitation, making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters”;
- Using the Services to falsify the identity or contact information of any person; Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the Services;
- Creating active full-time connection on dial up accounts by using artificial means;
- Using the Services to harvest, collect, or attempt to collect personal information from people without their knowledge or consent (excluding the use of caller ID for account administration purposes), including, without limitation, knowingly soliciting or collecting personal information from a minor (anyone under eighteen (18) years old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to, name, address, phone number or email address;
- Using the Services to record the conversations or communications of other people without their consent in violation of the law;
- Using the Services for any activity which adversely affects the ability of other people or systems to use the Services including, without limitation, disruption or interference with other Momentum users and denial of service attacks against another network host or user;
- Violating any system or network security measures including but not limited to engaging in: o Unauthorized access or use of Momentum’s or a third party’s network, data, or information; including any attempt to probe, scan or test the vulnerability of a system or network or to breach security authentication measures without express authorization of the owner of the secured network; o
- Unauthorized monitoring of Momentum’s or third party’s data, systems or network traffic;
- Intentional interference with a third party’s use of Momentum’s network or service, including without limitation, mailbombing, flooding, and deliberate attempts to overload a system;
- Forging of any header or any part of the header information in any e-mail or newsgroup posting or taking any action in order to obtain services to which such user is not otherwise entitled;
- Activities that cause interference with a third party’s ability to connect to the Internet or provide services to Internet users; and
- Using the Services in violation of any applicable law.
7. Security of a User’s network, systems, and service is the sole responsibility of the User. Any firewalls, firewall configurations, routers and router configurations or any other equipment owned, implemented and maintained by the User (collectively “User Equipment”) are the responsibility of the User. Momentum is not responsible for any loss of data as a result of a User’s selection or method of security or routing configurations. In the event that a User requests that Momentum perform any work or maintenance on User Equipment, Momentum shall not be responsible for any damages, including loss of data, resulting from such work or maintenance.
8. Users are prohibited from falsifying user information provided to Momentum or to other users in connection with use of the Services.
9. Users are prohibited from engaging in any of the foregoing activities by using the service of another provider, but channeling such activities through a Momentum account, remailer, or otherwise through the Momentum Services or using a Momentum account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the forgoing activities if such use of another party’s service could reasonably be expected to adversely affect the Services.
10. A violation of this AUP by someone having only indirect access to the Services through a User will be considered a violation by the User irrespective of whether such violation occurs with the knowledge or consent of the User. Momentum receives complaints directly from Internet users, through Internet organizations, and through other parties.
11. Momentum shall conduct an investigation to determine the validity of complaints received before taking action under this AUP, as circumstances may reasonably allow; provided, however, that Momentum shall have the right to take immediate action Rev. 6.09.22 to suspend Service in the event any conduct presents a reasonably perceived threat to the safety of any person or property or the functioning of Momentum’s network or Services. We shall use commercially reasonable efforts to provide Customer with notice and evidence of such unlawful or improper use prior to taking any action hereunder.
12. User is responsible for the use of all Services utilized via its connection to the Momentum network, including any support services provided via its connection to the Momentum network. Support services includes, without limitation, hosting websites, electronic mailboxes, telephony gateways, Internet Relay Chat (IRC) servers, advertising, transmitting, or otherwise making available any software, program, product or service that is designed to violate this AUP or the AUP of any other Internet services provider. Conduct that directly or indirectly encourages, permits or relies on activities in violation of this AUP, is also a violation of the AUP. Examples include, without limitation, failure to implement technical or administrative measures to prevent mass unsolicited e-mail, providing Spamming support services such as email drop boxes, sales of spamware, list washing, and the hosting of “spam-vertised” websites.
13. Nothing contained in this AUP shall be construed to limit Momentum’s actions or remedies in any way with respect to any of the foregoing activities, and Momentum reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Momentum service. Momentum will investigate violations of policy and will cooperate with law enforcement officials for any suspected criminal violations. Each User shall also provide reasonable cooperation and assistance to Momentum and to law enforcement agencies in connection with any request or legal requirement relating to the Service. In addition, Momentum reserves at all times all legal and equitable rights and remedies available to it with respect to such activities.
14. User agrees to maintain his/her password as private and confidential information, and not to attempt to gain unauthorized access to any systems or networks.
15. All Users have the responsibility to ensure that their network is configured in a secure manner. Users may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Users may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
16. Pursuant to 47 U.S.C. § 230(d) as amended, Momentum notifies Users that parental control protections (such as computer hardware, software, or filtering services) are available that may assist Users in limiting access to material that is harmful to minors. Information regarding such protections is available at ***********.internetmatters.org/parental-controls/.
17. In the course of provision of the Services, Momentum may transfer employee data, customer data and/or other personal data (“Personal Data”) that the User solely controls for purposes of the delivery of the Service. User, as the data controller, will be responsible to submit the filings, notifications, reports, and other documentation with regulatory authorities and other government agencies that are required under applicable law. User agrees, warrants and represents with regard to such Personal Data: (a) that the processing, including the transfer itself, has been and, up to the moment of transfer, and will always to be carried out in accordance with any applicable law, including, without limitation, national and European Union data protection laws, and, if applicable, has obtained, at its own costs, the written permission of the relevant data protection authorities, works councils and/or the written consent of the individuals (“informed consent”) to which the Personal Data refer to (“Data Subject”), prior to the transfer; (b) that it will notify Momentum immediately if a permission or consent under sub-section (a) is withdrawn, challenged or suspended; (c) that it will immediately advise Momentum in writing of any storage requirements, such as minimum and maximum retention periods and any change thereof that apply to the Personal Data; and (d) that it will respond in a reasonable time and to the extent reasonably possible to inquiries from any authority on the processing or transfer of Personal Data and to any inquiries of a Data Subject concerning the processing of his/her Personal Data that Momentum may receive.
18. Use of Services is unauthorized in any jurisdiction that does not give effect to all provisions of this AUP.
19. In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions of this AUP shall remain in full force and effect. Any failure by Momentum to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ACCEPTABLE USE POLICY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.