Commercial Internet AUP

PenTeleData Acceptable Usage Policy

You, as a User of PenTeleData, and any Users of your account, agree to the following terms of this agreement. If you do not agree to these terms, contact us immediately at custserv@corp.ptd.net. The terms of this agreement may change at any time and without notice. The effective date of these terms is at the time of posting. Please check this page frequently for any updates. This Acceptable Usage Policy is part of a binding legal contract between You, Users and PenTeleData. Use of the PenTeleData System indicates acknowledgement and acceptance of the terms and conditions of this Policy.

OUR SYSTEM IS FOR THE USE OF AUTHORIZED USERS ONLY.

Individuals using our system without authority, or in excess of their authority, will be targeted for having all of their activities on our system monitored and recorded by system personnel. UNAUTHORIZED access to our system will be tracked and logged.

In the course of monitoring individuals improperly using our System, System maintenance, or for the protection of the System, the activities of authorized Users may also be monitored. PenTeleData reserves the right to monitor the activities of Users for any reason permitted by law.

Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, System personnel may provide the evidence of such monitoring to law enforcement officials.

Definitions:

Commercial Use: Any use of PenTeleData services for the exchange of goods, products, or property of any kind whether for profit or not. 



Hacking/Cracking: The trespass into computer systems, using them without authorization, either maliciously, for public gratification or any other purpose. 



Internet: The Internet is an international computer network. The Internet is not owned, operated, or affiliated in any way with PenTeleData, Inc. 



Minor: Any person under 18 years of age. 



Phreaking: Cracking into telephone communication systems, in order to make use of unauthorized telecommunication services. 



System: Any computer software, hardware, or data transmission devices including but not limited to routers, switches, hubs, servers, etc. 



PenTeleData System: Any System under the control and/or administration of PenTeleData LP I 



Information Service/Server: A kind of software that runs a service operating on the users computer which offers access to their computer for individuals on the Internet. A particularly common term on the Internet, which is common with mail servers, web servers, news servers, ftp servers, and the like. 



Use: Being physically present at your terminal while actively performing inbound/outbound activities. 



User or Customer: The collective term identifying the account holder or any authorized member of their immediate family or business at the service address.

USER RIGHTS AND RESPONSIBILITIES

The following rules of usage for PenTeleData customers are intended to facilitate and ensure the easiest, widest range of accessibility to the Internet through our service.

All telephone calls may be monitored and recorded for quality assurance and training purposes.

Customer Network Security: To protect the PenTeleData Network in addition to the Customer's Network, the Customer shall use reasonable security methods to protect its Network from Illegal Activities as defined herein.

Broadband Bandwidth: PenTeleData and your broadband service provider offer multiple tiers of high speed Internet access with different speeds and bandwidth usage limitations (not all packages are available in all areas). Customer acknowledges that any quoted bandwidth rating/transfer rate for broadband Internet Service is a maximum rate and are not guaranteed. PenTeleData and your broadband Internet provider reserve the right to manage its networks to provide for maximum efficiency and utilize congestion and network management techniques which include reducing available bandwidth to specific users identified as causing congestion or other network issues. As a user, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user's use of the service or PenTeleData's ability to deliver and monitor the service, or our network resources and do not represent (in sole judgement of PenTeleData) an unusually large burden on the network itself. Users found to be (in PenTeleData's sole judgement) in violation of this policy may have their accounts terminated, suspended, degraded or upgraded to a higher level of service, subject to appropriate fees. PenTeleData will use reasonable efforts to notify a customer prior to service termination for excessive bandwidth use. 

 

Network Disruption: Customer shall not utilize, nor permit its customers, employees or any other person within Customer's control to utilize, PenTeleData's Network in a any manner that causes interference, disruption or severe degradation of the PenTeleData Network or other PenTeleData Network Customers. PenTeleData will notify Customer of network disruption and work with Customer to resolve the situation. PenTeleData, however, reserves the right to terminate service to Customer for repeated violations of this section or failure to cooperate in resolving network disruptions.

Impersonation: Assuming or attempting to assume the identity of another person on a PenTeleData system or a system accessible through PenTeleData is prohibited.

Abuse Complaints: Complaints concerning a customer from the PenTeleData domain may be submitted to abuse@ptd.net. When submitting complaints please include the following information:

  • The IP address used to commit the infraction
  • The date that the infraction was committed
  • The time that the infraction was committed
  • The time zone relevant to when the infraction was committed
  • Evidence of the alleged infraction



E-mail forwarded with full header information is normally sufficient. Syslog or Firewall logs will normally provide all of the above. Certain other situations may require additional information as determined by PenTeleData.

Illegal Activities: All Users must comply with all federal, state, and local laws. Violation of law is also a violation of this Policy. Activities deemed as illegal by PenTeleData are documented in the Illegal Activities section of this Acceptable Usage Policy.

E-mail and Newsgroup Transmission and Use: Use of all PenTeleData mail servers and systems, including promail.ptd.net, mail.ptd.net and mail.ptdprolog.net, unless explicitly noted, is restricted as follows. All activities noted below are strictly prohibited by PenTeleData and may subject the customer’s account to suspension or termination at PenTeleData’s discretion.

  1. No Chain Letters: See "Chain Letters" under Illegal Activities
  2. No Sending of Unsolicited E-mail: Mailing of unsolicited, unwelcome and undesirable e-mail (Spam) to one or more Users or newsgroups is prohibited.
  3. Relaying: Relaying of outbound e-mail is only permitted by users of active PenTeleData e-mailboxes, for outbound messages of that active PenTeleData e-mailbox. It is prohibited to send outbound e-mail through the PenTeleData mail servers in any other method.
  4. Excessive e-mail use: PenTeleData reserves the right to delay or reject messages when more than 100 messages or message recipients per day is exceeded for inbound or outbound e-mail. Repeated offenses may result in account suspension or termination. Customers requiring this service should contact PenTeleData commercial sales and request a Listserve Service.
  5. "From:" message header spoofing: The "From:" header on outbound messages must always match the active PenTeleData e-mail account that is intended to be used for the outbound e-mail message.
  6. E-mail de-activations: PenTeleData provides Customers with up to 5 e-mailboxes per account. Any e-mail box that is inactive for six consecutive months will be deleted. Any e-mail within an inactive e-mailbox is probably spam and will be automatically deleted without inspection along with the e-mail box. Once deleted, the e-mail address associated with the e-mailbox will be deleted and become available for assignment to other customers. An e-mailbox is inactive if it has not been checked in 6 months, does not have an e-mail forward associated with it and is not the primary login for a dial-up account. If you intend to keep a mailbox active you may do so by retrieving e-mail from within the e-mailbox at least once every 6 months . PenTeleData is not responsible for any loss of any kind because of the deletion of boxes or the e-mail inside. If your e-mailbox is deleted for inactivity, you may contact Customer Service at 800.281.3564 to have the e-mailbox reinstated if the e-mail address is still available.



Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall PenTeleData, or its affiliates be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (including without limitation, damages for loss of business, service interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Service, your inability to access the internet or any part thereof through the service or your reliance on or the use of information services or merchandise provided on the internet or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance.

Indemnification: You, as a customer of PenTeleData, agree to hold PenTeleData harmless from any and all losses, claims, damages, expenses, and attorney fees, which may result from or are alleged to result from your use of PenTeleData systems or services.

Responsible Use: PenTeleData is not responsible for the content of any data originating from any PenTeleData system or any system accessible through PenTeleData. You, the account holder, are exclusively responsible for the content of any and all information you or any user of your account may transmit in any format or form.

General Knowledge: Customers are responsible for maintaining a general knowledge of their operating system, their communication equipment, and any software used to access PenTeleData services or any services accessible through PenTeleData. Any technical support offered to customers outside the scope of Internet service is at the sole discretion of the technical representative.

Minors: By utilizing the services provided by PenTeleData, the Parent/Guardian understands that it is not the responsibility of PenTeleData to monitor or restrict the data transmittal, retrieval or distribution activities of the minor child. Third party Internet filtering and blocking software is available for use, though PenTeleData does not offer support in any aspect of the third party filtering package. The Parent/Guardian agrees to hold harmless PenTeleData from any and all losses, claims, damages, expenses, and attorney fees, which result from or are alleged to result from your use of PenTeleData systems or services. Content filtering solutions are available to customers for more information contact the applicable sales department.

Multiple Users: PenTeleData prohibits concurrent, multiple-User logons from the same Commercial "Unlimited Access" dial-up accounts. In addition, the account holder is responsible for the activities of any User permitted to use your logon. Multiple members of the same entity are permitted to use the same account, but are not permitted to use the same account simultaneously.

E-mail Privacy: Pursuant to the Electronic Communications Privacy Act (http://www4.law.cornell.edu/uscode/18/2701.html), PenTeleData cannot guarantee the same protection or level of privacy for electronic communications (e.g. E-mail, newsgroup posting, private electronic conversations, etc.) as assured by the United States Post Office. You should assume that other persons could view any and all communications passed on or through PenTeleData systems or systems directly accessible through PenTeleData.

Customer Privacy: 

Your privacy is very important to us.  PenTeleData is committed to following any and all applicable federal and state privacy statutes, and agency privacy rules and/or regulation. PenTeleData does not sell customer browsing data to third parties.

PenTeleData will not release to unrelated third parties information which you provided in your Account Application including name, address, credit card numbers, bank account numbers, except for the purpose for which it was provided unless requested to do so by law enforcement officials, in response to a subpoena or other court order, in case of emergency as determined by PenTeleData in its sole discretion, in the event of litigation by Company against Customer, or the sale or merger of the company. PenTeleData will use reasonable efforts to notify Customer’s prior to the release of information in response to civil subpoenas and court orders. PenTeleData does not assert jurisdictional defenses or otherwise attempt to quash US based subpoenas or court orders. It is the customer’s responsibility to assert defenses to subpoenas or court orders.

Statement of privacy law: 

Section 222 of the Communications Act of 1934, as amended (Communications Act) and FCC’s regulations provide privacy protections for certain information related to our internet services.  The Communications Act authorizes us to use, disclose, or permit access to individually identifiable

Customer Proprietary Network Information (CPNI) in our provision of:  the telecommunications services from which this information is derived; or services necessary to, or used in, the provision of these services, including the publishing of directories.

With respect to phone and internet services, examples of CPNI include:

• location of service;

• technical configuration of service;

• type of service;

• quantity of service;

• amount of use of service; and

• calling patterns.

CPNI does not include your name, address, and telephone number, because the Communications Act classifies that information as “subscriber list information” which is not subject to the protections applicable to CPNI. The Communications Act prohibits us from using CPNI for any purposes other than those listed above except as permitted or required by law or with your approval.

We make every reasonable effort to protect subscriber privacy as described in this notice.

Nevertheless, we may be required by law to disclose Personally Identifiable Information or individually identifiable CPNI about a subscriber. These disclosures may be made with or without the subscriber’s consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant.

We may be required to disclose Personally Identifiable Information and individually identifiable CPNI to a private third party in response to a court order, and, if so, we are required to notify the subscriber of the court order. We may also be required to disclose Personally Identifiable Information and individually identifiable CPNI about subscribers to high-speed Internet, phone, and home security services to a government entity in response to a subpoena, court order, or search warrant, for example. We are usually prohibited from notifying the subscriber of any disclosure of Personally Identifiable Information to a government entity by the terms of the subpoena, court order, administrative order or search warrant.

We also comply with the Electronic Communications Privacy Act and all copyright laws including the Digital Millennium Copyright Act.

Server Operation: Dialup Access customers are not permitted to operate information servers of any type. Servers include, but are not limited to, Web servers, FTP servers, Mail servers, IRC servers, etc. Any customer accounts found knowingly operating a server of any type may face immediate and permanent termination of service. If customers wish to operate any type of server, contact Commercial Sales to establish a Commercial Dedicated account.

Information Integrity: The risk as to quality, performance and accuracy of any information or software obtained through our service is exclusively with the customer. PenTeleData does not warrant any and all such electronic information nor will it be held responsible for any damages caused by such data.

Third Parties Purchases: PenTeleData is not responsible for merchandise or services purchased from independent sellers on PenTeleData systems or systems accessible through PenTeleData. This includes, but is not limited to, purchase terms, warranties, guarantees, maintenance or deliveries. PenTeleData is not party to such transactions and is not liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of sellers.

Filtering Solutions: For customers subscribing to the PenTeleData Internet Content Filtering Solution be aware that PenTeleData filtering solution relies on an extensive database of websites and key words maintained by the Log-On Data Corporation. PenTeleData cannot be held responsible for anyone's viewing of a site that is not contained in the Log-On Data Corp X-STOP database. Similarly, while PenTeleData has made every effort to deny users the ability to circumvent the filtering solution, we will not be held responsible for anyone's viewing of a site that would normally have been filtered if they made an active attempt at circumventing the filtering solution.

Virus Scanning: As a service to our customers and for the protection of the PenTeleData Network, PenTeleData may scan incoming and outgoing email for viruses. PenTeleData does not read email in this process. An automated process checks email to see if it contains viruses. If a virus is detected, for your systems safety and the safety of the PenTeleData network, your email containing the virus will be quarantined and if necessary, your account may be frozen in an attempt to prevent further infections. This service is a first line defense against viruses. It is not intended to be nor should it be relied upon to be your sole source of virus protection. We strongly encourage all of our users to use any of the commercially available anti-virus software such as McAfee or Norton Anti-Virus. Because no virus scan is 100% effective or reliable, PenTeleData cannot be held liable for any damage to any computer, software, any peripherals or any data caused by any virus(es). The limitation on liability included in this AUP specifically applies the virus scanning process.

ILLEGAL ACTIVITIES

Illegal activities will not be tolerated. The following is a partial list of activities deemed illegal. These activities as well as those deemed illegal by local, state or federal law enforcement agencies will be in violation of this Acceptable Usage Policy. All activities noted below are strictly prohibited by PenTeleData and may subject the customer’s account to suspension or termination at PenTeleData’s discretion.

Unlawful Use: PenTeleData is not to be used for purposes contrary to Federal, State, or Local ordinances, regulations or statutes. Copyrighted, patented or trademarked materials are subject to the Intellectual Property Provisions of this Policy. Additionally, you may not, by use of any PenTeleData or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Chain Letters: You agree not to post or transmit letters or messages, on or through PenTeleData systems, which offer a product or service based upon the structure of a chain letter. These activities may result in the immediate and permanent termination of your customer privileges.

Child Pornography: You agree not to post, transmit, display, receive or distribute visual depictions in any form involving the use of minors engaging in sexually explicit conduct. The posting, displaying, transmitting, receiving or distribution of said depictions will result in the reporting of such activities to local, state or federal law enforcement agencies.

Hacking, Cracking, Phreaking: PenTeleData customers agree not to probe, scan, access, or breach the security of any PenTeleData system or any system accessible through PenTeleData without authorization or exceeding authorized access. You agree not to attempt to gain access to or modify any other user's account. You agree not to interfere with or attempt to prohibit, restrict or alter the normal operations of PenTeleData systems or any other systems accessible through PenTeleData. Hacking, cracking, phreaking, etc. may result in the immediate and permanent termination of your customer privileges.

Unauthorized Monitoring: You agree not to monitor the traffic or data on any PenTeleData system or any system accessible through PenTeleData without authorization or exceeding authorized access.

Denial of Service: You agree not to abuse any system or any system accessible through PenTeleData, by inhibiting or causing a denial of service (e.g. any Internet Protocol based flood attack) of other users to effectively utilize such system. Denial of service attacks will result in the immediate and permanent termination of your customer privileges.

Stalking/Harassment: The Stalking, Harassment, Badgering, bothering, taunting or other offensive behavior towards another user of a PenTeleData system or any system accessible through PenTeleData by electronic means (e.g. IRC, E-mail, newsgroups, etc.) is prohibited by PenTeleData. These activities may result in the immediate and permanent termination of your customer privileges. These activities may border on criminal depending upon circumstances and could result in the immediate termination of a customer's user privileges.

Spoofing: Assuming the IP Address of another User or sourcing traffic from an IP address that was not assigned to you by PenTeleData. Assuming the IP address of another User not only denies service to the rightful owner of that IP Address, but it is also considered a hostile act by PenTeleData and subject to immediate and permanent termination of the offender's account.

Obscene: The personal use of or commercial distribution of vulgar language, sexually suggestive language, obscene language, obscene images or vulgar images which are transmitted, posted, or displayed are prohibited to traverse any PenTeleData system or any system accessible through PenTeleData. Obscenities may result in the immediate and permanent termination of your customer privileges. These activities may border on criminal depending upon circumstances and could result in Federal, State or Local Law Enforcement involvement.

Account Fraud: Knowingly using another customer's account on any PenTeleData system or on any system accessible through PenTeleData without their authorization, or in excess of authorized access risks the immediate and permanent termination of customer privileges.

Copyrighted Material: You agree not to post, transmit, display, or distribute through PenTeleData any content that infringes on a third parties copyright, trademark, service mark, or trade secret without the expressed written consent of the third party.

Law Enforcement: PenTeleData will fully cooperate with any Federal, State or Local Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving PenTeleData's customers or its service.

INTELLECTUAL PROPERTY

PenTeleData customers have access to a vast quantity of information on the Internet. Some of that information is the intellectual property of others, which carries restrictions on its copying and usage. Intellectual property rights are held by the owners/creators of the work and are protected by copyright, trademark, and patent law. Many works include the symbols © to designate copyright, ™ to indicate trademark, and ® to indicate a registered trademark. The lack of any symbol, however, does not mean that the law does not protect the work.

PenTeleData is committed to complying with intellectual property laws and requires all customers and users of our Internet service to comply with these laws.  PenTeleData also requires all users of its web hosting service to comply with these laws.

PenTeleData is part of the global Internet connection that links PenTeleData customers to web based news, USENET, and mailing lists to users not part of the PenTeleData domain. By an automated computer process, PenTeleData receives articles from other USENET servers, web based news servers, mailing lists, and makes the articles posted from those services available to PenTeleData customers. The articles will normally, automatically expire at a predetermined time. PenTeleData does not have the ability to control the contents of any posted articles or distributed information. PenTeleData is simply a conduit for transferring the articles to and from its users.

PenTeleData complies with the Digital Millennium Copyright Act (“DMCA”) and provides a method for copyright holders to alert us to any possible infringements by our customers.  Upon receipt of proper notification, PenTeleData will either remove the allegedly infringing content or suspend/terminate service, whichever is applicable.

If you are a copyright owner and hold a good faith belief that your copyright is being violated by a PenTeleData customer, you may submit a Notification of Violation (“Notification”) that complies with the DMCA to the contact, below. 

Please note that under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to PenTeleData, the alleged infringer, and/or the affected copyright owner for any damages incurred with the removal, blocking, or replacement of allegedly infringing material.

Contact:

Customer Service Manager

PenTeleData LP 1

540 Delaware Avenue

Palmerton, PA  18071

Phone: 610-826-9351

Email: custserve@corp.ptd.net

The Notification must include:

  • Identification of the allegedly infringed  work(s);
  • Identification of the allegedly infringing work(s) and specific reference to its location on the Service;
  • Contact information—address, telephone number, and email address;
  • Your signature—physical or electronic;
  • Statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • Statement that the information in notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PenTeleData will then forward DMCA notification(s) to the appropriate customer.

If you, the customer, have received a notification, you then have the opportunity to file a counter notification.  This counter notification must be in writing and sent to the contact information, above.  It must include:

  • Your signature—physical or electronic;
  • Identification of material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed/disabled;
  • Statement under penalty of perjury that you have a good faith belief that the material was removed/disabled as a result of mistake or misidentification of the material to be removed/disabled;
  • Contact information—name, address, and phone number; and
  • Statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside the US, for any judicial district in which PenTeleData may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

If you believe a PenTeleData customer has violated some other intellectual property right, please send an email to custserve@corp.ptd.net.  Put “OTHER IP” in the subject line.

THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS LEGAL ADVICE.  YOU MAY WISH TO CONSULT WITH AN ATTORNEY.

BILLING TERMS & CONDITIONS

Click here for PenTeleData's Commercial Billing Terms & Conditions.

NET NEUTRALITY DISCLOSURES

Following is PenTeleData’s (PTD) disclosure in response to the Federal Communication Commission’s “Net Neutrality” order. This disclosure repeats items found in your customer agreement and the acceptable use policy found on PTD websites.

1. Network Management Practices

  • IP traffic sent from customers on port TCP&UDP 67 are blocked for security and network management reasons to minimize customer’s computers from being virus infected through well-known vulnerabilities, to prevent transfer of IP addresses from one customer to another and/or to avoid infected or hostile computers from affecting other users' computers.
  • Customers will receive either 2 dynamic public IP addresses acquirable via DHCP or may receive 1 dynamic, 1 static  IP via DHCP.
  • PTD sells and leases cable modems that work on the PTD network.

2. Performance Characteristics: Customer acknowledges that the bandwidth provided by PTD is a shared service. Any quoted bandwidth rating/transfer rate for High Speed Internet Service is a maximum rate and not guaranteed and may be available but only on a burst basis, and service may not be continuous. Factors such as network congestion and Customer's modem settings can affect service speeds. PTD reserves the right to manage its Networks to provide for maximum efficiency. PTD does not offer service to residential customers. PTD offers many levels of service to commercial customers: To see our levels of service for commercial customers, see our Open Internet Disclosure here: http://www.penteledata.net/support/open-internet-disclosure

To see our Open Internet Disclosure speed test results please click here: http://www.penteledata.net/support/open-internet-disclosure-speed-test-results

  • Broadband Bandwidth Charge. The purchased service entitles the user to the following tiers of bandwidth usage (upstream and downstream combined) as measured by PenTeleData during peak time (5PM-1AM Eastern Time) per calendar month.
    • Business Executive (8 Mbps x 2 Mbps) – 500 GB
    • Business Express (12 Mbps x 2 Mbps) – 700 GB
    • Sonic (25 Mbps x 3 Mbps) , Super Sonic (35 Mbps x 3 Mbps), Hypersonic (50 Mbps x 5 Mbps), Ultrasonic (100 Mbps x 5 Mbps) and Ultra Sonic Plus (100 Mbps x 10 Mbps) – 1 TB (1,0000 GB)
    • Customer will be charged and agrees to pay $10 per each 50 GB segment of data over the data transfer cap that is included in the purchased package. Residential users who require an account with a Static IP are also subject to their local PenTeleData Cable Partner bandwidth cap.

3. Terms and Conditions – use of PTD’s service is subject to:

  • The terms and conditions of the High Speed Internet Service agreement, a copy of which is available at the point of sale.
  • PTD Acceptable Use Policy which is available at the point of sale and at www.penteledata.net.
  • Service Termination/Suspension: PTD reserves the right to terminate and/or suspend service in the event the account is identified as violating the terms and conditions or the acceptable use policy. PTD will make a reasonable attempt to contact the customer prior to suspension or termination of service.

4. No Blocking: PTD does not block or reduce speed of any specific legal traffic. Upon proper notice and direction from law enforcement authorities, PTD will block access, to the extent practical, to specific websites that provide illegal content such as child pornography.

5. No unreasonable discrimination: PTD does not block or rate control specific protocols or applications. Some protocol ports, as indicated above, may be blocked for network security reasons.

6. Privacy: Privacy policies are found at www.penteledata.net and at the point of sale.