AIR LINK COMMUNICATIONS

Acceptable Use Policy (AUP)

1. General. This Acceptable Use Policy (“AUP”) shall be applicable to all the Services provided to the Customer by Air Link. By using the Services, the Customer agrees to comply with the terms of this AUP and to be responsible for all users utilizing the Services. Air Link reserves the right to change or modify the terms of the AUP at any time, effective when a revised version of the AUP is provided to the Customer or when posted on Air Link's website, whichever is earlier. Customer's use of the Services after changes to the AUP are posted shall constitute acceptance of any changes or additional terms.

 

2. Illegal Use Prohibited. The Services and Air Link’s network may be used only for lawful purposes. Access, transmission, distribution, storage or export of any material in violation of any applicable law or regulation is prohibited.

 

3. Intellectual Property Rights of Others. The Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. The AUP prohibits uses and activities involving the Services that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others.

 

4. Material or Content. The Services shall not be used to host, post, transmit or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, threatens the health or safety of others, is obscene, or defamatory.

 

5. Email and Usenet Abuse.

5.1 The Services shall not be used to send unsolicited mail messages, including, without limitation, commercial advertising and informational announcements. A user shall not use another site's mail server to relay mail without the express permission of the site.

5.2 The Services shall not be used to post the same or similar message to one or more newsgroups (excessive cross-posting or multiple posting, also known as "SPAM").

5.3 The Services shall not be used to transmit a forged TCP-IP packet header, or any part of the header information, in an email or a newsgroup posting.

 

6. Security. The Services shall not be used to violate the security of Air Link’s or any parties’ networks. Examples of security violations include, without limitation, the following:

 

6.1 i). Interference with service to any user, host or network including, without limitation, deliberate attempts to overload a system, mail bombing, flooding and broadcast attacks;

 

6.2 ii). Unauthorized access (e.g., “hacking”) to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; or

 

6.3 iii) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

 

7. Other Prohibited Uses.

 

7.1 The Services shall not be used for commercial by-pass of Air Link’s international switching facilities or for interconnection to the public switched telephone network.

 

7.2 The Services shall not be used in a manner that contravenes the terms and conditions of the service agreement between the parties and any license, concession or authorization granted to Air Link.

 

7.3 The Services shall not be used contrary to recognized Internet Protocols.

 

7.4 The Services shall not be used in a manner that interferes with or adversely affects any other service provided by Air Link.

 

7.5 The Services shall not be used to route any traffic or affect transmission by a route other than that authorized and approved by Air Link for the purpose of providing the Services.

 

7.6 To fraudulently evade any charge payable to Air Link for the Services.

 

7.7 Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use Services;

 

7.8 Engaging in activities that violate a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, terrorism, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights).

 

7.9 Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this AUP, Terms of Use or Privacy Policy, may result in suspension or termination of the User's access to and use of the Service.

 

8.0 Our Acceptable Use Policy applies to our plans. The usage must be person to person use consistent with our estimate of the reasonable use of this service (referencing standard and/or estimated customer profiles).  We may take action if we consider your use to be in breach of the Acceptable Use Policy. 

 

8.1 Resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of Air Link-provided WiFi service in accordance with its then-current terms and policies;

 

8. Violation.

 

8.1 AIR LINK RESERVES THE RIGHT, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SERVICE AGREEMENT AND WITHOUT NOTICE, TO SUSPEND OR TERMINATE THE SERVICES UPON THE FIRST OR ANY SUBSEQUENT VIOLATION OF THE TERMS OF THIS AUP.

 

8.2 INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY AND ACTUAL OR ATTEMPTED VIOLATIONS, THE CUSTOMER, ITS END USERS OR THIRD PARTIES ON BEHALF OF THE CUSTOMER OR AN END-USER OF THE CUSTOMER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY THE CUSTOMER.

 

8.3 A VIOLATION OF THE AUP BY THE CUSTOMER, AN END-USER OF THE CUSTOMER OR THIRD PARTIES ON BEHALF OF THE CUSTOMER OR AN END USER OF THE CUSTOMER ARE A MATERIAL BREACH AND DEFAULT OF THE APPLICABLE SERVICE AGREEMENT BETWEEN AIR LINK AND CUSTOMER

 

9. Third Party Rules

Users may have access through the Air Link Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements

 

10. Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

 

11. Legal

Additional Terms and Conditions

 

11.1 The use of the Air Link Network by a customer of Air Link is subject to the terms and conditions of any agreements entered into by such customer with Air Link. This Acceptable Use Policy is incorporated into such agreements by reference.

Limitation of Liability and Indemnification

 

11.2 AIR LINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIR LINK SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN AIR LINK AND ITS CUSTOMER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING THE TERMS OF USE AND PRIVACY POLICY OF AIR LINK.

Web Sites

 

11.3 AIR LINK MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

Indemnity

 

11.4 You agree to indemnify, defend, and hold Air Link, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this AUP, misuse or abuse of the Services, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. You will cooperate as fully as reasonably required in Air Link's defence of any claim in this regard.

Rights and Remedies

 

11.5 Air Link reserves the right to assume the exclusive defence and control of any matter otherwise subject to Air Link. You agree immediately to notify Air Link of any unauthorized use of your account or any other breach of security known to you.

 

11.6 Air Link does not routinely monitor the activity of individual Service accounts for violations of this AUP, except when monitoring data consumption. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Air Link has no obligation to monitor the Service and/or the network. Air Link and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Air Link users.

 

11.7 Air Link prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Air Link also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Air Link’s intervention. 

 

11.8 If Air Link determines that a Customer, its representatives or its end users have breached or failed to comply with this AUP or engaged (or permitted others to engage) in a Prohibited Activity, Air Link may take such action as it deems appropriate. This may include all or any of the following:

  1. Suspending and/or terminating a Customer's Service at any time;

  2. Issuing of a warning to a Customer;

  3. Commencing Legal proceedings against a Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this AUP;

  4. Denying all traffic from known IP address blocks that support indiscriminate port scanning programs, or other unlawful activity, for the purpose of preserving the Customer's system and network resources;

  5. Undertaking further legal action against a Customer;

  6. In the event of illegal activities, investigating and notifying appropriate legal authorities.
     

11.9 If we receive a Court Order requesting us to reveal a Customer's identity to someone complaining that you have used the Services abusively, we will be entitled to do so. We will also be entitled to reveal your identity or other data we hold regarding your use of the Services to the police or other public authority if we are required to do so by law.

Air Link will consider all cases and complaints according to their individual merits. Air Link has the right not to take action against you even where a complaint is made against you for breach of this AUP.