CINERGY COMMUNICATIONS ACCEPTABLE USE POLICY
Policy introduction
Cinergy Communications has published this Acceptable Use Policy as part of
our overall effort to provide high-quality, reliable service to our
customers; make their experience with Cinergy Communications and
our related family of web sites positive and fulfilling; protect the
privacy and security of our customers, systems and networks; encourage
responsible use of Cinergy Communications' and other ISPs' resources; and
comply with applicable laws.
This Policy describes the types of uses of Cinergy Communications services
which are prohibited for being contrary to our objectives. To achieve
those objectives, Cinergy Communications may, at its sole discretion,
determine whether a use of its services of any kind is a violation
of this Policy. While it is not our intent to monitor, control or
censor communications of our clients and customers, when we become
aware of a violation of this policy, we may take such action as we
deem appropriate to address the violation.
This Policy applies to all customers and clients of Cinergy
Communications and
its services, and to all other users of the Cinergy Communications
systems. This Policy supplements, but does not supersede, the contracts
that customers and clients have with Cinergy Communications. If such a
contract restricts a use of Cinergy Communications services that is not
addressed in this Policy, the contract will govern with respect to
such use.
Prohibited Uses
Uses of the Cinergy Communications IP Network described below are
expressly
prohibited under this Policy. These descriptions are specifically
intended as guidelines for conduct and are not meant to be exhaustive.
Illegal/Criminal Activity
The Cinergy Communications IP Network may not be used in conjunction with
criminal or civil violations of state, federal or international laws,
regulations or other government requirements. Such violations include,
but are not limited to, theft or infringement of copyrights, trademarks,
trade secrets or other types of intellectual property; fraud; forgery;
theft or misappropriation of funds, credits cards or personal information;
and threats of physical harm or harassment.
Security Violations
The Cinergy Communications IP Network may not be used in connection with
attempts - successful or not - to violate the security of any network,
service or other system. Examples of prohibited activities include
hacking, cracking into, monitoring or using systems without authorization;
scanning ports; conducting denial of service attacks of any kind; and
distributing viruses or other harmful software.
Cinergy Communications customers are responsible for maintaining the basic
security of their systems to prevent their use by others in a manner that
violates this Policy. Examples include improperly securing a mail server
or client so that it may be used by others to distribute spam, and
improperly securing an FTP server or client so that it may be used by
others to distribute unlicensed software. Customers are responsible for
taking corrective actions on vulnerable or exploited systems to prevent
continued abuse.
Threats
The Cinergy Communications IP Network may not be used to transmit
materials
of a threatening nature, including threats of death or physical harm,
harassment, libel, and defamation.
Offensive Materials
The Cinergy Communications IP Network may not be used for the distribution
of offensive materials, including obscene, pornographic, indecent or
hateful materials.
Spam
Spamming is an unacceptable use of the Cinergy Communications IP Network.
Spamming includes any of the following activities:
- Posting a single message, or messages similar in content, to more than
five online forums or newsgroups.
- Posting messages to online forums or newsgroups that violate the rules
of those forums or newsgroups.
- Collecting responses from unsolicited email.
- Sending any unsolicited email that could be expected, in the view of
Cinergy Communications, to provoke complaints.
- Sending email with charity requests, petitions for signatures, or any
chain mail related materials.
- Sending email that does not accurately identify the sender, the sender's
return address and the email address of origin.
- Using Cinergy Communications systems to violate another Internet
Service
Provider's acceptable use policy and/or terms of service.
Indirect Access
A violation of this policy by someone having only indirect access to the
Cinergy Communications IP Network through a customer or other user will be
considered a violation by the customer or other user, with or without the
knowledge and consent of the customer or other user. As an example, Smith
Web Design will be responsible for the actions of customers to whom it
provides services operating on the Cinergy Communications IP Network.
Cinergy Communications will address and attempt to resolve complaints
about the actions
of customers of Smith Web Design with Smith Web Design directly.
In addition, this Policy applies to any email or content transmitted by
you or on your behalf which uses a Cinergy Communications account as a
mailbox
for responses or promotes content hosted or transmitted using Cinergy
Communications facilities, or which indicates in any way that Cinergy
Communications was involved in the transmission of such email or
content.
The resale of Cinergy Communications products or services is not permitted
unless expressly approved in a written agreement with Cinergy
Communications.
Consequences
Violations of this Policy may result in a demand for immediate removal of
offending material, immediate temporary or permanent filtering, blocked access,
suspension or termination of service, or other action deemed appropriate to
the violation, as determined solely by Cinergy Communications. When
feasible,
it is the preference and desire of Cinergy Communications to give notice
so that
violations may be addressed voluntarily. However, Cinergy Communications
reserves
the right to act without notice when necessary, as determined by Cinergy
Communications in its sole discretion. Cinergy Communications may involve,
and will
cooperate with, law enforcement authorities if criminal activity is suspected.
Violators may also be subject to civil or criminal liability under applicable
law. Refunds or credits are not issued in connection with actions taken for
violations of this Policy.
Incident Reporting
Any complaints regarding violations of this Policy by a Cinergy
Communications client or customer should be directed to
abuse@cinergycom.com.
Where possible, include any details that would assist Cinergy
Communications in
investigating and resolving the complaint (i.e., expanded email headers and
a copy of the offending transmission).
Contact Information
Please contact the Cinergy Communications abuse desk by sending email to
abuse@cinergycom.com.
Revisions to this Policy
Cinergy Communications may modify this policy at any time, effective when
posted to a Cinergy Communications public web site. Notice may also be
provided via electronic or standard mail.
