Acceptable Use Policy 4/25/2012
Triangle Communications (“Triangle”) strives to provide customers with the best Internet experience possible through the offering of a secure and reliable service. This Acceptable Use Policy (“AUP”) is intended to encourage the responsible use of the Triangle networks, services, websites and products ("Services") by our customers and other users ("Users") thereby improving the experience for all.
By using the Services, User agrees to comply with and be held accountable to the terms of this AUP. Triangle reserves the right to modify this AUP at any time with or without prior notice. All modifications are effective immediately upon posting on the Triangle website. Users are responsible for checking the Triangle website periodically to ensure that their activities remain in compliance with the most recent version. Continued use of the Services after modifications have been posted shall constitute acknowledgment and acceptance of such modification by Users.
Triangle reserves the right to immediately suspend or terminate a User’s account or to undertake network management actions, with or without notice, at Triangle’s sole discretion, if User has violated this AUP policy. Triangle may take such further action as it determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Triangle shall not be liable for any damages of any nature suffered by any User or third party resulting in whole, or in part, from Triangle exercising its rights under this AUP.
¨ Illegal Use. The Services may be used only for lawful purposes. Users shall not use the Services to transmit, distribute or store material that violates any applicable federal, state, local or international laws or regulations or to promote illegal activity.
¨ Copyright or Trademark Infringement. Users shall not use the Services in any manner that would infringe on any patents, copyrights, trademarks, trade secrets or other proprietary rights. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. If Triangle receives a notice from a copyright owner alleging any User has committed copyright infringement, Triangle will notify the User of the alleged infringement. Triangle may determine that User is a repeat copyright infringer if more than one such notice is received and reserves the right to suspend or terminate the accounts of repeat copyright infringers.
¨ Inappropriate Conduct. Users shall not use the Services to post, transmit, distribute, publish or store any message, data, information, image, text, song, video or other material that threatens or encourages bodily harm or destruction of property or which is libelous, threatening, abusive, harassing, defamatory, slanderous, hateful or excessively violent.
¨ Interference/System Disruption. Users shall not use the Services to engage in activities that could damage, disable, overburden or impair the Triangle network or otherwise interfere with the Services or to disrupt any third party's networks, systems, services or websites, including, but not limited to, flooding, mail bombing or denial of service attacks. This includes, but is not limited to, sending or receiving excessive data transfers as determined in Triangle’s reasonable discretion.
¨ Harmful Content. Users shall not transmit, distribute, publish or store material that may be harmful to or otherwise disrupt or cause a performance degradation of the Services or any third party's networks, systems, services or websites. Such prohibited harmful content includes, but is not limited to, viruses, corrupted files, worms, Trojan horses, denial of service attacks or other harmful software programs or information that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of a computer or computer network. Users shall use standard practices to prevent the transmission of such viruses or other harmful software and information. It is User’s sole responsibility to take appropriate precautions to protect User’s computer from damage to its software, files and data.
¨ Fraudulent/Misleading Content. Users shall not use the Services to transmit or distribute material containing fraudulent offers for products or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements or representations with the intent that the persons receiving it will act upon it.
¨ Impersonation or Forgery. Users shall not use the Services to impersonate any person or entity, including, but not limited to, Triangle and its employees and agents. Users shall not falsify one’s user name or create or use an e-mail address that has the effect of being misleading. Forging, altering or removing e-mail headers or otherwise manipulating identifiers originating or passing through the Services in order to disguise the origin of any content is prohibited. Users shall not forge anyone else’s digital or manual signature.
¨ Unsolicited Communications and Spamming. Users shall not use the Services to transmit unsolicited bulk messages indiscriminately, including, without limitation, unsolicited bulk e-mail where such e-mails could reasonably be expected to cause complaints from recipients as “spam". Triangle reserves the right, in Triangle’s sole discretion, to determine whether such transmission constitutes unsolicited messages. Further, Users are prohibited from using the service of another provider to send “spam” to promote a site hosted on, or connected to, the Services. Triangle may use any technical remedies available to prevent unsolicited bulk communications from entering, utilizing or remaining within the Triangle network. If Triangle notices significant amounts of messages originating from an IP address, Triangle will assume that the User’s computer has a virus and may block the upload function of the IP address.
¨ Third Party Services. Users may have access through the Services to search engines, subscription web services, chat areas, bulletin boards, web pages, USENET or other services that have implemented rules, guidelines or agreements to govern their use. Users shall not violate any such third party rules, regulations, policies or agreements accessed via the Services.
¨ Collection of Personal Data. Users shall not use the Services to collect, or attempt to collect, e-mail addresses or other personal information about third parties without their knowledge or consent.
¨ Hacking. Users are prohibited from using the Services to access the accounts of others or attempt to penetrate the security measures of the Services or the computers, user accounts, or networks of another party to gain unauthorized access. This includes, but is not limited to, password mining, packet sniffing, unauthorized port scanning, probing, encryption circumvention devices or using any other tools designed for compromising network security.
¨ Resale. Users shall not use the Services for operation as an Internet Service Provider or for any business enterprise or purpose, other than as an end user. Users shall not resell the Services or make it available to be used by anyone outside the User’s premises, in any manner.
Content/Duty to Monitor
Triangle takes no responsibility for any material created or accessible on or through the Services. Triangle does not make any promise, nor do we have an obligation, to monitor transmissions or postings, but reserves the right to do so for violations of this AUP, including for purposes of management of the network. In the event that Triangle becomes aware that any such material may violate this AUP and/or expose Triangle to civil or criminal liability, Triangle reserves the right to block access to such material and suspend or terminate the access of any User creating, storing or disseminating such material. Triangle reserves the right to cooperate with appropriate law enforcement authorities and other third parties in the investigation of alleged violations of this AUP and/or illegal acts, including disclosing the identity of the User that the Triangle records indicate is responsible for the wrongdoing.
The User is responsible for any misuse of the Services that occurs through User’s account, whether by a member of User’s household or an authorized or unauthorized third party. The User must take precautions to ensure that others do not use the account to gain unauthorized access to the Services including, but not limited to, maintaining strict control of access to the Services via login and password information. User is solely responsible for the security of any device connected to the Services, including any data stored on that device. User is responsible for securing any wireless (“WiFi”) networks connected to the Services.
Notices and Procedure for Making Claims of Copyright Infringement
Triangle respects the intellectual property of others.Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to: Triangle Communications, PO Box 1140, Havre, MT 59501-1140
Questions or complaints of violations of this AUP by Triangle users may be directed to: aup@itsTriangle.com