EARTHLINK ACCEPTABLE USE POLICY
Your use of the EarthLink Residential Websites and any services offered on or through the EarthLink Residential Web Sites (collectively, the "EarthLink Residential Services") is subject to the terms of this Acceptable Use Policy ("AUP"). The EarthLink Residential Web Sites include: http://www.earthlink.net/ , http://my.earthlink.net/ , http://www.peoplepc.com/ , any Web pages provided by EarthLink through earthlink.net and peoplepc.com subdomains, any third party or co-branded versions of these sites, and any successor or replacement sites.
2. VIOLATIONS OF THIS ACCEPTABLE USE POLICY
The following are examples of uses of the EarthLink Residential Services that constitute violations of this AUP:
Illegal Use. Transmitting, uploading, posting, receiving, storing, or presenting content or other material that EarthLink believes would violate any applicable local, state, federal or international law or regulation including, but not limited to, content or material regarding illegal gambling, human trafficking, illegal drugs or goods, fraud, illegal prostitution, acts of terrorism or other illegal conduct.
Fraudulent Financial Activity. Making fraudulent offers to sell or buy products, items, or services, advancing any type of illegal financial activity such as "pyramid" or "Ponzi schemes," or fraudulently charging any method of payment (e.g. debit or credit cards).
Harm to Minors. Harming, attempting to harm, exploiting or encouraging the exploitation of minors in any way, including, but not limited to, the use of the EarthLink Residential Services to (i) receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) post or disclose personal identifiable or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent.
Threats and Harassment. Uploading, posting or transmitting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of an individual or a group, including on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation, or (ii) espouses or promotes racism or bigotry.
Spamming. Transmitting or facilitating unsolicited or illegal commercial or bulk email.
Phishing. Attempting to impersonate any person, group or entity, engaging in sender address or network header falsification, or forging anyone else's digital or manual signature.
Copyright or Trademark Infringement. Transmitting, uploading or posting any material that infringes any copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any third party. EarthLink is registered under the Digital Millennium Copyright Act of 1998. EarthLink's Digital Millennium Copyright Act Policy is located at http://www.earthlink.net/about/policies/dmca.faces .
Unauthorized Use of EarthLink's Intellectual Property. Using any EarthLink trademark, trade name or other intellectual property in any way and in any media without EarthLink's prior written authorization, or otherwise taking any action that implies that EarthLink sponsors or is affiliated with you or your use of the EarthLink Residential Services.
Collection of Personal Data without Consent. Collecting or attempting to collect personal information about third parties without their knowledge or consent or under false pretenses.
Unauthorized Account Access. Accessing, attempting to access or assisting another in accessing through any means the accounts, including email or websites, of others without their knowledge or consent.
Unauthorized System or Network Access. Penetrating, attempting to penetrate, or assisting another in penetrating through any means EarthLink's or another entity's or person's systems, networks, devices, or software; or circumventing, attempting to circumvent, or assisting another in circumventing EarthLink's or another entity's or person's security measures.
Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use EarthLink's network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices or unauthorized port scanning.
Denial of Service. Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, or otherwise sending traffic to unknown third parties. You may not permit any network utilizing or accessing the EarthLink Residential Services, whether through action or inaction, to be configured in such a way that it gives a third party the capability to use your network in an illegal or inappropriate manner.
Long Connections and Multiple Logins. Using an EarthLink Residential Service account for high volume or commercial use is prohibited. The EarthLink Residential Services are intended for periodic, active residential use. You may not use the EarthLink Residential Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited.
Network Probing. Any type of detective network activity, including, but not limited to, port scanning and pinging.
In addition, EarthLink will consider any use of the EarthLink Residential Services that it believes is unlawful, offensive or harmful to be a violation of this AUP.
3. REPORTING VIOLATIONS OF THIS ACCEPTABLE USE POLICY
EarthLink requests anyone who believes that there is a violation of this AUP or has a question about this AUP to please direct the relevant information to: email@example.com . We ask that anyone who believes the violation involves child pornography to direct the report to firstname.lastname@example.org .
If available, the following information should be provided in the report:
Please note that if you are reporting an email, the email with full header information provides all of the above, as do syslog files.
4. HOW EARTHLINK ADDRESSES VIOLATIONS OF THIS ACCEPTABLE USE POLICY
EarthLink may, but is not required to, monitor your compliance with the terms this AUP. You acknowledge that EarthLink has the right, but not the obligation, to pre-screen, refuse, or remove any content available from your use of the EarthLink Residential Services, including, but not limited to, content that violates the law or the terms of this AUP.
If EarthLink receives a complaint or otherwise becomes aware of any possible violation of this AUP, EarthLink may, in its sole discretion, initiate an investigation. If EarthLink determines that a violation of this AUP has occurred (regardless of whether it is unlawful), EarthLink may take any one or more of the following actions without notice to you:
5. REVISIONS TO THIS ACCEPTABLE USE POLICY
EarthLink may revise, amend, or modify this AUP at any time by posting the revised version of this AUP on http://www.earthlink.net/about/policies/use.faces . The revised version will be effective on the date that it is posted as stated at the end of the revised version. The material changes to this AUP will be noted in endnotes of the revised version. Your continued use of the EarthLink Residential Services after the date of the revised version constitutes your acceptance of all of the revisions. If you do not agree to the revisions in the revised version, your sole and exclusive remedy will be to terminate your account and use of the EarthLink Residential Services. 1
The failure of EarthLink to enforce this AUP will not be construed as a waiver of any right to do so at any time. If any section of this AUP is held invalid or unenforceable, the remaining sections will remain in full force and effect. Y ou agree to defend, indemnify and hold EarthLink and its officers, directors, employees, subsidiaries, affiliates, agents, suppliers and vendors ("EarthLink Parties") harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney's fees and expenses that an EarthLink Party may sustain or incur by reason of your violation of this AUP or violation of this AUP by anyone else through your account. This AUP is governed by Georgia law without regard to conflict of law provisions.
Effective Date: May 29, 2015
The following endnote summarize the material revision made in this May 29, 2015 version of this AUP compared to the previous version of this AUP dated December 28, 2012 .
1 Section 5 was revised to explain that future revisions to this AUP will be posted on http://www.earthlink.net/about/policies/use.faces with endnotes summarizing the material changes from the previous version.