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 and that
provide customers with the ability to transmit and/or receive information over those networks (collectively, the
“Services”). “You” when used in this AUP shall mean the MOMENTUM customer of record and
MOMENTUM Customer 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 Service through your account
have read, understood, and agree to abide by this Acceptable Use Policy (the “AUP”). MOMENTUM does not
pre-screen, censor, edit control or monitor content on any Service, but MOMENTUM reserves the right, in its
sole discretion, to: (i) remove any content which it determines is illegal, deceptive, harmful, offensive, or
otherwise in violation of this AUP; and (ii) suspend or terminate without notice and without liability the Services
if a violation of this AUP occurs in MOMENTUM’s reasonable determination. 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 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. Violating this AUP policy grants MOMENTUM the authority and permission to take
action to restrict or terminate your access to and use of the Services.
1. Violation of this AUP is strictly prohibited. In the event of any actual or potential violation or conduct that is
otherwise improper or illegal, MOMENTUM reserves the right to suspend or terminate any or all the Services.
In the event MOMENTUM elects to terminate any or all parts of the Services, any early termination fees and/or
charges associated with early termination of service will apply.
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 provide the maximum possible
accountability. 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
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 ast eighteen (18) years of age. Users assume all
liability and responsibility associated with viewing content or exposing any minor or other person to any
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 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. The following actions are considered by MOMENTUM to be “Abuse” and are strictly prohibited: Any conduct,
which could be construed to violate the general norms or etiquette of the Internet community, regardless of
whether such conduct is detailed in this AUP, and which shall include, without limitation, conduct that is
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another’s privacy.
MOMENTUM reserves the right, in its sole discretion, to determine whether any particular User conduct
violates such norms;
- 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 e-mail 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:
- 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;
- Unauthorized monitoring of MOMENTUM’s or third party’s data, systems or network traffic;
- 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.
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.
7. Users are prohibited from falsifying user information provided to MOMENTUM or to other users in
connection with use of the Services.
8. 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.
9. MOMENTUM considers each of the above listed practices to constitute abuse of its Service. Engaging in
one or more of these practices may result in immediate termination without notice of a User’s access to the
Services. A violation of this AUP by someone having only indirect access to the Services through a User or
other 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.
10. 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 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.
11. 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, or providing Spamming support services such as email drop boxes, sales of
spam ware, list washing, and the hosting of “spam-vertised” websites.
12. 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, and levying cancellation charges to cover MOMENTUM’s’ costs. MOMENTUM will investigate
violations of policy and will cooperate with law enforcement officials for any suspected criminal violations.
Each User shall also provide 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.
13. 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. User agrees that each MOMENTUM account may only
have one active connection to MOMENTUM’s Network at a time.
14. No User may use the Services for any activity which adversely affects the ability of other people or systems
to use the Services or the Internet. This includes “denial of service” attacks against another network host or
individual user. Interference with or disruption of any other network user, network service or network
equipment is prohibited. 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.
15. Pursuant to 47 U.S.C. Section 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 identifying current providers of such
protections is available at the America Links Up website:
16. 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. 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”), priorto 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.
17. Use of Services is unauthorized in any jurisdiction that does not give effect to all provisions of this AUP.
18. 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.