Table Top Telephone Company Internet Acceptable Use Policy
Effective Date: March 1, 2011
READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING TABLE TO
TELEPHONE COMPANY'S INTERNET SERVICE
Table Top Telephone Internet ("Table Top")
provides a variety of Internet services (the “Services”) to their
customers (the “Subscribers"). The Services use resources that are
shared with many other users throughout the Internet. Each
Subscriber benefits by being able to share resources and
communicate with other users through the Services. However, as
with any community, the benefits and privileges of the Services
must be balanced with duties and responsibilities so that all
users can have a productive experience. This Acceptable Use Policy
(“AUP”) is designed to help protect Table Top, Subscribers, and
the Internet community in general from irresponsible or, in some
cases, illegal or otherwise objectionable activities. By using the
Services, Subscribers consent to be bound by the terms of this
AUP. This AUP should be read in conjunction with our Internet
and other applicable policies, all of which are incorporated
herein. Each Subscriber, and those who access some of the Services
through a Subscriber’s account but do not have accounts
(“Visitors”), is responsible for ensuring that the use of all
Services complies with this AUP.
any term of this AUP may result in the immediate suspension or
termination of either your access to the Services or Table Top
UPDATING THIS AGREEMENT
Table Top may revise, amend, or modify this AUP
from time to time. Notice of any revision, amendment, or
modification will be posted on Table Top’s website, and/or on your
start pages and/or by email and/or in mailings to your primary
email account and will be effective on the date noted in the
posting. This Agreement may not be amended or modified by you
except by means of a written document signed by both you and an
authorized representative of Table Top. By continuing to use the
Services after the amendments are effective, you accept and agree
to abide by them.
VIOLATIONS OF TABLE TOP'S ACCEPTABLE USE POLICY
The following is a non-exclusive list of actions
that Table Top considers to be inappropriate and thus prohibited,
and discussed in further detail following this Section. The
examples identified in this list are provided as examples only for
your guidance. If you are unsure whether any contemplated use or
action is permitted, please contact Table Top.
■ Using the
Services for any activity that violates any local, state, federal
or international law, order or regulation.
■ Using the Services to
transmit, distribute, store or access any material (by e-mail,
publishing, uploading, posting or otherwise) which is
inappropriate, profane, obscene, indecent, pornographic, libelous,
harassing, constitutes a threat or encourages bodily harm or
destruction of property, or otherwise objectionable or unlawful.
■ Using the Services to
transmit, distribute, store or access any material (by e-mail,
publishing, uploading, posting, or otherwise) that infringes
copyright, trademark, patent, trade secret, or other proprietary
rights of any third party. You assume all risks regarding the
determination of whether material is in the public domain.
■ Using the Services to make
fraudulent offers to buy or sell products, items, or services, or
to advance any type of financial/soliciting scams including, but
not limited to, “pyramid schemes,” “Ponzi schemes,” “mail
bombing,” and “chain letters.”
■ Using the
Services to harm or attempt to harm a minor, including, but not
limited to, hosting, possessing, distributing, or transmitting
child pornography or other material that is unlawful.
■ Any fraudulent
activities, including impersonating any person or entity or
forging anyone else's digital or manual signature.
■ Disrupting or interfering with
the Services in any way, including through the uploading of files
which contain viruses, worms, “Trojan horses,” or other software
or programs that may be damaging to the Services or another user’s
Using the Services to transmit, or to facilitate the transmission
of, any unsolicited commercial e-mail or unsolicited bulk e-mail.
■ Using the Services to access,
or to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Table Top’s or
another entity’s computer software or hardware, electronic
communications system, or telecommunications system, whether or
not the intrusion results in the corruption or loss of data.
■ Using the Services to collect,
or attempt to collect, personal information about third parties
without their knowledge or consent.
■ Reselling the Services without
Table Top’s authorization.
Using the Services for any activity that adversely affects
the ability of other people or systems to use the Services or the
Using the Services for excessive posting or cross-posting of the
same or substantially similar messages, or binary files to
newsgroups not specifically named for that purpose, or flooding or
disruption of Usenet newsgroups.
■ Using the Services to perform
chat “flooding”, maintaining more than two simultaneous chat
discussions, using the Services to connect to chat servers or
channels from which they have been previously banned, or forging,
altering, or obscuring your identity while participating in chat
Using the Services to post any content that holds Table Top
(including its affiliates), employees or shareholders up to public
scorn or ridicule or would any way damage or impair Table Top’s
reputation or goodwill.
The Services may not be used to breach the
security of another user or to attempt to gain access to any other
person's computer, software or data, without the knowledge and
consent of such person. The Services also may not be used in any
attempt to circumvent the user authentication or security of any
host, network, or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of
a server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of
tools designed for compromising security, such as password
guessing programs, cracking tools, packet sniffers or network
probing tools, is similarly prohibited.
not attempt to disrupt the Services. The Services also may not be
used to interfere with computer networking or telecommunications
services to any user, host or network, including, without
limitation, denial of service attacks, flooding of a network,
overloading a service, improper seizing and abuse of operator
privileges and attempts to "crash" a host. The transmission or
dissemination of any information or software that contains a virus
or other harmful feature also is prohibited. You are solely
responsible for the security of any device you choose to connect
to the Services, including any data stored on that device.
There may be content on the Internet or
otherwise available through the Services which may be offensive to
some individuals, or which may not be in compliance with all local
laws, regulations and other rules. For example, it is possible to
obtain access to content that is pornographic or offensive,
particularly for children. Table Top cannot assume any
responsibility for the content contained on the Internet or
otherwise available through the Services. You must assume the risk
of accessing content through the Services, and Table Top shall not
have any liability for any claims, losses, actions, damages, suits
or proceedings arising out of or otherwise relating to access to
You are solely responsible for any information
that is transmitted from your IP address or your account on the
web, other Internet services, or that you publish on the web or
other Internet services. You must ensure that the content is only
made available to appropriate recipients. Table Top has no
obligation to monitor transmissions made on the Services. Table
Top reserves the right to monitor any Subscriber’s transmissions.
Table Top may remove, or refuse to post, any information or
materials, in whole or in part, that Table Top, in its sole
discretion, deems to be offensive, indecent, or otherwise
inappropriate regardless of whether such material or its
dissemination is unlawful.
By using the Services to reproduce, publish,
display, transmit and distribute content, a Subscriber is
warranting that the content complies with this AUP, and
authorizing Table Top to reproduce, publish, display, transmit and
distribute such content as necessary for Table Top to deliver the
content in a timely manner.
The Services may not be used to send unsolicited
bulk or commercial messages. This includes, but is not limited to,
bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures and
political or religious messages.
You may not
reference Table Top (e.g. by including "Organization: Table Top "
in the header or by listing an IP address that belongs to Table
Top) in any unsolicited email even if that email is not sent
through the Services.
"Mail bombing" is
prohibited. That is, you may not send numerous copies of the same
or substantially similar messages, nor may you send very large
messages or files to a recipient with the intent to disrupt a
server or account. The propagation of chain letters is similarly
prohibited, whether or not the recipient wishes to receive such
Table Top is not responsible for the
forwarding of email sent to any account that has been suspended or
terminated. Such email will be returned to sender, ignored,
deleted, or stored temporarily at Table Top’s sole discretion.
INTERNET RELAY CHAT
■ The Services
may be used to participate in "chat" discussions. These
discussions may be hosted by Table Top servers, by third party
servers, or may not involve any servers at all. In all cases,
Table Top does not normally monitor the contents of the
discussions and is not liable for the contents of any
communications made via Internet chat.
■ The Services
may not be used to perform chat "flooding." Flooding is defined as
deliberately repeating actions in quick succession in order to
fill the screens of other Internet users with text.
■ Any computer or other device
connected through the Services may not maintain more than two
simultaneous chat connections. This includes the use of automated
programs, such as "bots" or "clones". Automated programs may not
be used when the account holder is not physically present at the
Services may not be used to send messages which disrupt another
Internet user's equipment, including software, hardware, and user
Subscriber may not use the Services to connect to chat servers or
channels from which they have been previously banned or indicated
■ The Services
may not be used to continue to send chat messages to an Internet
user who has indicated their desire to not receive such messages.
■ Forging, altering, or
obscuring your identity (other than using a nickname from which
Table Top could, if necessary, determine your real name) while
participating in chat sessions is forbidden.
BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS
You must comply with then-current bandwidth,
data storage and other limitations on the Services. Subscribers
must ensure that their activity does not improperly restrict,
inhibit, or degrade any other Subscriber's use of the Services,
nor represent (in the sole judgment of Table Top) an unusually
large burden on the network itself. In addition, Subscribers must
ensure that their activity does not improperly restrict, inhibit,
disrupt, degrade or impede Table Top’s ability to deliver the
Services and monitor the Services, backbone, network nodes, and/or
other network services.
Certain applications that you may use will, by
their nature, permit other Internet users to gain access to your
computer. These applications include, for example, your use of
your computer as a server to allow others to download files using
FTP or to access content you placed on a Web site using HTTP. You
are permitted to run such applications for your personal use and
within the limitations of this Agreement, provided that you take
the appropriate security measures and you assume all risk of
security breaches such as those described above. Table Top shall
have no liability whatsoever for any claims, losses, actions,
damages, suits, or proceedings resulting from or arising out of or
otherwise relating to your use of such applications, including,
without limitation, damages resulting from other Internet users'
having access to your computer.
Table Top takes no responsibility for any
material created or accessible through the Services. Table Top is
not obligated to monitor or exercise editorial control over such
material for violation of this AUP, but reserves the right to do
so. In the event that Table Top becomes aware that any such
material may violate this AUP or expose Table Top to civil or
criminal liability, Table Top reserves the right to block access
to such material and suspend or terminate any Subscriber creating,
storing or disseminating such material. Table Top further reserves
the right to cooperate with legal authorities and third parties in
the investigation of alleged wrongdoing, including disclosing the
identity of the Subscriber that Table Top deems responsible for
Any Subscriber that Table Top
determines to have violated any element of this AUP may be subject
to a suspension or termination of service, and if Table Top deems
it necessary, immediate suspension or termination of such
Subscriber's service without notice. Table Top may take such
further action as it determines to be appropriate under the
circumstances to eliminate or preclude repeat violations. Table
Top shall not be liable for any damages of any nature suffered by
any Subscriber, user, or any third party resulting in whole or in
part from Table Top’s exercise of its rights under this AUP. The
above-described actions are not Table Top’s exclusive remedies and
Table Top may take any other legal or technical action it deems
This AUP contains and refers to the entire
agreement of the parties relating to the rights granted and
obligations assumed in this AUP. Any oral representations or
modifications concerning this AUP shall be of no force and effect
unless contained in a subsequent written modification signed by
both parties to this AUP or unless modified pursuant to
Section 2 ( UPDATING THIS
The headings in this Agreement are for
convenience of reference only and shall not be given any effect in
the interpretation of this AUP.
No course of dealing or failure of either party
to enforce strictly any right, term, or condition of this AUP
shall be deemed or construed as a waiver of such right, term, or
This AUP is governed by
Arizona law without
regard to conflict of law provisions.
If any provision of this AUP is held by a court
or regulatory agency of competent jurisdiction to be invalid,
void, or unenforceable, the rest of the AUP shall remain in full
force and effect.