Diamond has published this acceptable use policy (“AUP”) in an effort to enhance the use of the Internet by promoting responsible use and in an effort to provide a reliable, high-quality service to its Customers. This AUP shall be published on Diamond’s website located at www.diamondcomm.com. Diamond reserves the right to modify this AUP from time to time without notice to Customer, in Diamond’s sole discretion. Such modifications shall be effective when posted and Customer shall be bound by such modifications. In that regard, Diamond requires its Customers and their customers, and other third-party users (collectively, its “Users”) to utilize Diamond’s services and network responsibly and in compliance with all applicable laws and the terms of this AUP. This AUP supplements rather than supersedes any and all agreements between a User and Diamond and between a Customer of Diamond and a User of such Customer with respect to the use of Diamond’s services and network by such User. Use by a User of Diamond’s services or network constitutes acceptance by such User of the terms of this AUP. However, each Customer of Diamond shall require each of its Users to agree, in writing or by an affirmative act (such as clicking on an “I accept” button or box), to adhere to and abide by the terms of this AUP as a condition to their access and use of Diamond Equipment, Diamond’s services, and Diamond’s network.
All User networks must be protected by a firewall device or software that provides, at the minimum, stateful packet inspection (SPI). Each User must apply virus protection to their network and keep current the virus definition files and engine for their anti-virus application. Additionally, each User must apply spyware, adware, and malicious software protection to their network and keep current the definition files for the application. Failure to maintain a proper firewall, anti-virus application, anti-spyware, anti-adware, and malicious software application can cause denial of service attacks to the User network, Diamond’s network, and the upstream provider’s network.
Users shall not use Diamond’s services or network (i) to undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; (ii) to upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software, or other material obtained through the Internet or otherwise that is protected by copyright, trademark, patents, trade secrets, or other proprietary right, without obtaining any required permission of the owner: (iii) to transmit offensive or threatening materials, including materials that are obscene, defamatory, libelous, abusive, hateful, excessively violent, or otherwise inappropriate; or contain child pornography. (iv) to transmit fraudulent, deceptive, or misleading materials or to advance any type of financial scam; (v) to transmit any materials that harass another person or entity; or (vi) to transmit viruses, Trojan horses, or other materials harmful to any network or equipment or other Users or third parties: (vii) in a manner that interferes with or diminishes the use and enjoyment of Diamond’s services or network by others; (viii) to impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); or (ix) to violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or website that Users access or use.
System and Network Security
Users may not use Diamond’s services or network (including, without limitation, Diamond’s Transportation System) to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization, including, without limitation, (i) any attempt to access any other person’s computer or computer system, device, sensor, camera, network, service, data, or other system that such User is not authorized to access; (ii) any attempt to probe, scan, or test the vulnerability of any network, service, or system without proper authorization; (iii) any attempt to breach any security or authentication measures; (iv) any attempt to monitor data or traffic on any network or system without proper authorization; (v) any attempt to interfere with service to any User, host, or network, including, without limitation, by means of overloading, mail bombing, flooding, crushing, or any denial of service attacks; (vi) any attempt to forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting; or (vii) any attempt to utilize another User’s account name without proper authorization. Users shall not modify, remove, relocate, or reset any Diamond owned equipment, outside plant, or inside plant without Diamond’s prior written consent. Modifications include, but are not limited to, the addition of peripheral attachments.
Users shall not use Diamond’s services or network (including, without limitation, Diamond’s Transportation System) to transmit any unsolicited commercial or unsolicited bulk e-mail messages (commonly known as “spam”). For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation.
All postings to Usenet groups must comply with such group’s charter, rules, guidelines, and agreements (collectively, “Usenet Policies”). In addition to any such Usenet Policies, Users shall not use Diamond’s services or network (including, without limitation, Diamond’s Transportation System) to post the same or similar messages to one or more Usenet groups (commonly known as “Usenet spam”).
Essential Telecommunications Services including 911/E911 and TTY
Diamond Services provided to Customer should not be used for alarms, elevators, or other functions in which an error or interruption in the Services, equipment, facilities, or materials could cause injury or damage to individuals or property.
CUSTOMER WILL INFORM ALL USERS, EMPLOYEES, GUESTS, AND OTHER THIRD PARTIES WHO MAY USE THE SERVICES OF THE LIMITATIONS ASSOCIATED WITH EMERGENCY CALLING CAPABILITIES VIA THE DIAMOND NETWORK.
If Diamond determines that a User has violated any of the terms of this AUP, Diamond shall have the right in its sole discretion to do the following itself, or to require its Customer to do the following with respect to its applicable User(s): (i) to demand immediate removal of the violating material and/or (ii) to terminate or to suspend such User’s services. Diamond may involve and Diamond and its Customer shall cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who violate this AUP may be subject to civil or criminal liability. Diamond shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by Diamond or its Customer pursuant to this AUP.
Violations or potential violations of this AUP must be reported to Diamond at firstname.lastname@example.org.
In the event of a conflict between this AUP and the AUP on www.diamondcomm.com, the AUP on www.diamondcomm.com shall control. In the event of a conflict between this AUP and the Agreement, the terms of the Agreement shall control.