North Tone Systems’ Acceptable Use Policy

This North Tone Systems’ Acceptable Use Policy, including the following list of Prohibited Activities (this “Policy”), is an integral part of the Terms of Service and Hosting Agreement with North Tone Systems LLC, (“North Tone Systems”, “we”, “our” and “us”). If our customers and their subsidiaries, affiliates, employees and parent or legal guardian (“you” or “your”) engage in any of the activities prohibited by this Policy, we may suspend or terminate your account and/or our Services to you.

This Policy is designed to help protect our customers, the Internet community in general, and us from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by us. We reserve the right to modify the Policy at any time, effective upon posting at our website found at http://www.northtone.com (“our website”).

This Policy is incorporated by this reference into the North Tone Systems’ Terms of Service (“Terms”). This Policy should be read in conjunction with the Terms and our Privacy Policy. Capitalized terms used without being defined herein shall have the meaning ascribed to them in the Terms or the Privacy Policy, as applicable. Your use of our Services and website is also subject to your acceptance and compliance with the Terms and this Policy. Current copies of the Terms and Privacy Policy may be reviewed or printed by you at our website.

 

Prohibited Activities on our Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that constitutes an illegal threat, or violates export control laws.

2. Sending any form of Unsolicited Bulk Email (“UBE”, “spam”) through our servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on our servers, is prohibited. North Tone Systems’ accounts or services shall not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or the acceptable use policy of the other provider.

3. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by North Tone Systems’ customers must be closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from third parties for mailing to or from any North Tone Systems-hosted domain, or referencing any North Tone Systems account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the acceptable use policy of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, or denial of service attacks, is prohibited.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (“ROKSO”) database at www.spamhaus.org, is prohibited.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”) is prohibited.

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment is prohibited.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any North Tone Systems’ customers or end-users by any means or device is prohibited.

9. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on our network or on another provider’s network is prohibited.

10. Using our Services to interfere with the use of the North Tone Systems network by other customers or authorized users is prohibited.

Customer Responsibility for Customer’s Users:

You are responsible for the activities of your users and, by accepting our Services, you agree to ensure that your customers, representatives or end-users abide by this Policy. Complaints about your customers, representatives or end-users of will be forwarded to your postmaster for action. If violations of this Policy occur, we reserve the right to suspend or terminate our Services to you or take action to stop you or your customers, representatives or end-users from violating this Policy as we deem appropriate in our sole discretion, without notice.

Reporting Violations:

If there is a violation of this Policy, please direct the information to our Abuse Department at abuse@northtone.com

If available, please provide the following information:

  1. The IP address used to commit the alleged violation.
  2. The date and time of the alleged violation, including the time zone or offset from GMT.
  3. Evidence of the alleged violation.

Email with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

North Tone Systems may take any one or more of the following actions in response to complaints:

  1. Issue written or verbal warnings.
  2. Suspend the user’s account.
  3. Terminate the user’s account.
  4. Bill the user for administrative costs and/or reactivation charges.
  5. Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

 

If any user uses our Services, network or its physical infrastructure in a manner that exposes us to potential liability, as reasonably determined by us, North Tone Systems may suspend permanently or terminate the access to our Services, network or its physical infrastructure by such user. The remedial actions set forth in this Policy shall not be construed in any way to limit the actions or remedies that we may take to enforce and ensure compliance with this Policy. North Tone Systems reserves the right to recover any and all expenses, INCLUDING REASONABLE ATTORNEYS’ FEES, and apply any reasonable charges, in connection with any user’s violation of this Policy. No refund or service credits will be issued for any interruption in service resulting from violations of this Policy. North Tone Systems reserves the right at all times to investigate any actual, suspected, or alleged violations of this Policy, with such investigation to include accessing of data and records on, or associated with, any server, our network or its physical infrastructure.

 

 

 

Last Updated: September 22, 2009